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08 26 2013 Council AgendaPage Township of kInte Proud Heritage, Exciting Future THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Monday, August 26, 2013 9:30 a.m. - Open Session Closed Session Immediately Following Open Session 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. MINUTES OF COUNCIL AND COMMITTEES: 5 - 13 a) Minutes of Committee of Adjustment meeting held on Thursday, August 15, 2013. 5. PUBLIC MEETINGS: 14 - 15 16 - 17 18 - 19 20 -21 22 - 23 24 - 25 a) Proposed Amendment to Zoning By -Law, Part of West Half of Lots 24 & 25, Concession 7 (Oro), 290 Ridge Road West, Township of Oro - Medonte, 2013 - ZBA -16 (Leigh /Piotrowski), b) Proposed Amendment to Zoning By -Law, West Part of Lot 11, Concession 4 (Oro), 1495 Line 3 North, Township of Oro - Medonte, 2013 - ZBA -14 (McGill). c) Proposed Amendment to Zoning By -Law, Part of Lot 1, Concession 14 (Medonte), 9110 Highway 12 West, 2013 - ZBA -04 (Uppal). d) Proposed Amendment to Zoning By -Law, South Part of Lot 29, Concession 1, Township of Oro - Medonte, 1945 Penetanguishene Road, 2013 - ZBA -09 (Greaves). e) Proposed Amendment to Zoning By -Law, Part Block 88, Plan 51 M -367, Concession 73375 Line 6 North, Township of Oro - Medonte, 2013 - ZBA -13 (Modco). f) Proposed Amendment to Zoning By -Law, East part of Lot 12, Concession 11 (Oro), 1400 Line 11 North, Township of Oro - Medonte, 2013 - ZBA -15 (J &K Farms). 6. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 7. REPORTS OF MUNICIPAL OFFICERS: 26 - 30 a) Report No. DS2013 -051, Derek Witlib, Manager, Planning Services, re: Page 1 of 131 Council Meeting Agenda - August 26, 2013 Zoning By -Law Amendment 2013 - ZBA -16 (Piotrowski /Leigh) [Refer to Items 5a) and 9h)]. 31 - 36 b) Report No. DS2013 -052, Andria Leigh, Director of Development Services, re: Zoning By -Law Amendment 2013 - ZBA -14 (Michael McGill) [Refer to Items 5b) and 9i)]. 37 - 41 c) Report No. DS2013 -053, Andria Leigh, Director of Development Services, re: Zoning By -Law Amendment 2013 - ZBA -04 (R. Uppal) [Refer to Items 5c) and 9j)] 42 - 46 d) Report No. DS2013 -050, Andria Leigh, Director of Development Services, re: Zoning By -law Amendment 2013 - ZBA -15 (J. & K. Farms Limited) [Refer to Items 5f) and 9f)]. 47 - 52 e) Report No. DS2013 -054, Andria Leigh, Director of Development Services, re: Site Plan Agreement Amendment 2013 - SPA -10 (Catherine Todd), 15 Springhome Road [Refer to Item 9b)]. 8. COMMUNICATIONS: 53 a) Correspondence dated August 14, 2013 from Jennifer Whitley, Marketing Coordinator, Ontario's Lake Country re: OLC Board of Directors - Funding Partner Appointments. 54 b) Correspondence dated August 9, 2013 from Peter Devries, re: Application for Noise Exemption 2013 -007, 1500 Line 13 North. 55 c) Correspondence dated August 9, 2013 from Peter Devries, re: Application for Noise Exemption 2013 -008, 1535 Line 13 North. 9. BY -LAWS: 56 - 89 a) By -Law No. 2013 -144 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Aveiro Constructors. 90 - 104 b) By -Law No. 2013 -145 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Catherine Todd described as lands as follows: West Part of Lot 26, Concession 9, Being Part 2 on Plan 51 R- 36216, Oro - Medonte Township of Oro - Medonte, County of Simcoe. 105 - 106 c) By -Law No. 2013 -146 Being a By -law to remove the Holding symbol applying to lands located at West Part of Lot 26, Concession 9, Being Part 2 on Plan 51R-36216, Oro - Medonte (Catherine Todd). 107 - 111 d) By -Law No. 2013 -147 A By -law to Provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/Technical Support Groups, and Page 2 of 131 Council Meeting Agenda - August 26, 2013 Expenses for Employees, and to Repeal By -law No. 2013 -137. 112 - 113 e) By -Law No. 2013 -148 A By -law to Name, Assume and Establish Highways Within the Township of Oro - Medonte (Symond Avenue). 114 - 115 f) By -Law No. 2013 -149 A By -law to amend the zoning provisions which apply to lands within East Part of Lot 12, Concession 11 (Former Township of Oro), 1400 Line 11 North (J & K Farms Limited, 2013 - ZBA -15). 116 g) By -Law No. 2013 -150 A By -Law to Amend By -law No. 2010 -075, Being a By -law to Regulate Signs and other Advertising Devices. ( "Sign By- law "). 117 - 119 h) By -Law No. 2013 -151 A By -law to amend the zoning provisions which apply to lands within Part of West Half of Lots 24 & 25, Concession 7 (Former Township of Oro) 290 Ridge Road West (K. & E. Piotrowski /B. Leigh, 2013 - ZBA -16). 120 - 122 i) By -Law No. 2013 -152 A By -law to amend the zoning provisions which apply to lands within West Part of Lot 11, Concession 4 (Former Township of Oro), 1495 Line 3 North (Michael McGill, 2013 - ZBA -14). 123 - 125 j) By -Law No. 2013 -153 A By -law to amend the zoning provisions which apply to lands within Part of Lot 1, Concession 14 (Former Township of Medonte), Township of Oro - Medonte, 9110 Highway 12 West (Ravi Uppal, 2013- ZBA -04). 126 - 130 k) By -Law No. 2013 -154 A By -law to amend the zoning provisions which apply to lands within Part of the South Half of Lot 3 and Part of Lot 4, Concession 4 (Former Township of Oro), Township of Oro - Medonte, and to repeal By -law Number 2013 -134. 10. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Andria Leigh, Director of Development Services, re: Personal matters about an identifiable individual (Development Services). d) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Forrester Road). 11. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 12. CONFIRMATION BY -LAW: Page 3 of 131 Council Meeting Agenda - August 26, 2013 131 a) By -Law No. 2013 -142 Being a By -Law to Confirm the Proceedings of the Special Council meeting held on Monday, August 26, 2013. 13. ADJOURNMENT: a) Motion to Adjourn. Page 4 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... 7'arslrip of Proud Heritage, Exciting Fruiire THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, August 15, 2013 TIME: 10:12 a.m. Present: Scott Macpherson, Chair Bruce Chappell Roy Hastings Allan Johnson Larry Tupling Staff present: Derek Witlib, Manager of Planning; Marie Brissette, Committee Coordinator 1. OPENING OF MEETING: Scott Macpherson assumed the Chair and called the meeting to order. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the A ends. Motion No. CA130815 -1 Moved by Tupling, Seconded by Hastin It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, August 15, 2013 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MINU a) Minutes of the Committee of Adjustment meeting held on Thursday, July 18, 2013. Motion No. CA130815 -2 Moved by Chappell, Seconded by Johnson It is recommended that the draft minutes of the Committee of Adjustment meeting of Thursday, July 18, 2013 be adopted as printed and circulated. Carried. Page 1 of 9 Page 5 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — August 15, 2013. 5. PUBLIC MEETINGS: a) 2013 -B -16 (May Family Holdings Ltd.), 696 15/16 Side Road East, Requesting a boundary adjustment /lot addition to an adjacent residential lot (592 15/16 Side Road East). Laurie Smith, agent for the applicant, was present. Motion No. CA130815 -3 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -16, for a boundary adjustment /lot addition, subject to the following conditions: 1. That one copy of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary - Treasurer; 2. That the severed lands, with an area of approximately 0.57 hectares (1.4 acres), be merged in title with the abutting lands to the south known as 592 15/16 Side Road East, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject land; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant apply for, and obtain, an amendment to rezone to a Rural Residential Two (RUR2) that portion of the merged lands that is presently zoned Agricultural /Rural (A/RU) Zone; and 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 2 of 9 Page 6 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — August 15, 2013. b) 2013 -A -33 (Terrance and Gwendolyn Scorns), 12 Goss Road, Requesting for relief from Minimum Rear Yard. Terrance and Gwendolyn Scorns, applicants, were present. Motion No. CA130815 -4 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 33, specifically to permit a minimum rear yard of 0.7 metres for a single detached dwelling, subject to the following conditions: 1. That, notwithstanding Table B1 of Zoning By -law 97 -95, as amended, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By -law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the single detached dwelling be located no closer than 0.7 metres from the rear (north) property line; 3. That the location and size of the proposed single detached dwelling be substantially in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and /or approvals required, from the Nottawasaga Valley Conservation Authority; and 5. That the appropriate Site Plan Approval, zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 3 of 9 Page 7 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — August 15, 2013. c) 2013 -A -34 (Brian and Cynthis Hands), Property located at the south end of Greenwood Avenue (Part of Lot 2, Concession 13 (Oro), Township of Oro - Medonte), Requesting relief from Minimum Rear Yard and Setback from EC Zone Boundary. Jim Lewis, agent, was present on behalf of the applicants. Motion No. CA130815 -5 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 34, specifically to permit a minimum rear yard of 4.0 metres and a minimum setback of 0 metres from an EP Zone Boundary, for a single detached dwelling with an attached deck, subject to the following conditions: 1. That, notwithstanding Table B1 (Minimum Rear Yard) and Section 5.28 (Setbacks from Limits of Environmental Protection Zone) of Zoning By -law 97 -95, the proposed single detached dwelling with an attached deck shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the dwelling and deck be located no closer than 4.0 metres from the rear lot line); 3. That the buildings and structures on the property be generally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and /or approvals required, from the Nottawasaga Valley Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 4 of 9 Page 8 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — August 15, 2013. d) 2013 -A -35 (Claudio and Milena Del Duca), 2285 Lakeshore Road East, Requesting relief from Minimum Interior Side Yard. Claudio Del Duca, applicant, was present. Motion No. CA130815 -6 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 35, specifically to permit a minimum interior side yard of 1.5 metres for a single detached dwelling, subject to the following conditions: 1. That, notwithstanding Table B1 of Zoning By -law 97 -95, as amended, the single family dwelling shall otherwise comply with all other applicable provisions of the Zoning By -law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the single family dwelling /attached garage be located no closer than approximately 1.5 metres from the south /westerly interior side lot line; 3. That the location and size of the proposed single family dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.I. 1990, c.P. 13. Carried. Page 5 of 9 Page 9 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — August 15, 2013. e) 2013 -A -36 (John Wigle and Aimee Bowles), 13 Grandview Crescent, Requesting relief from Minimum Front Yard and Setback from Average High Water Mark of Lake Simcoe. John Wigle, applicant, was present. Margaret Williams, George and Dianne Hibrant, neighbours, noted their support of the application. Robert Morin questioned the required setbacks from Lake Simcoe. Motion No. CA130815 -7 Moved by Hastings, Seconded by Chappell It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 36, specifically to permit a minimum front yard of 0 metres and a minimum setback from Lake Simcoe of 15 metres, for a single detached dwelling, subject to the following conditions: 1. That, notwithstanding Table B1 (Minimum Front Yard) and Section 5.31 (Setback from Lake Simcoe) of Zoning By -law 97 -95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the single family dwelling /attached garage be located no closer than approximately 0 metres from the front lot line and no closer than 15 metres from the High Water Mark of Lake Simcoe (219.15 m.a.s.I.); 3. That the buildings and structures on the property be generally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; 5. That the plans approved by the Committee only include west - facing (side) garage doors and only include a westerly driveway entrance, to achieve additional parking entirely on the private property; and 6. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 6 of 9 Page 10 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — August 15, 2013. f) 2013 -A -37 (Robert and Lisa Bickle), 811 Line 9 South, Requesting relief from Minimum Front Yard and Minimum Side Yard (Lake Simcoe). Lisa Bickle, applicant, and Peter Head, builder, were present. Motion No. CA130815 -8 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 37, specifically to permit a minimum front yard of 1.0 metres and a minimum side yard from Lake Simcoe of 1.4 metres, for a boathouse, subject to the following conditions: 1. That, notwithstanding Table B1 (Minimum Front Yard and Minimum Side Yard) of Zoning By -law 97 -95, the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the boathouse be located no closer than 1.0 metres from the front lot line and no closer than 1.4 metres from interior side lot line (Lake Simcoe); 3. That the buildings and structures on the property be generally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 7 of 9 Page 11 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — August 15, 2013. 6. NEW BUSINESS: a) Appointment of Deputy Secretary Treasurer. Motion No. CA130815 -9 Moved by Tupling, Seconded by Johnson It is recommended by the Committee of Adjustment that Derek Witlib be appointed as Deputy Secretary Treasurer for the Committee of Adjustment b) 2013 Ontario Association of Committees of Adjustment and Consent Authorities Seminar, September 19 -20, 2013, Horseshoe Valley Resort. Motion No. CA1 3081 5 -1 0 Moved by Johnson, Seconded by Tupling It is recommended Carried. 1. That the 2013 Ontario Association of Committees of Adjustment and Consent Authorities Seminar, September 19 -20, 2013, Horseshoe Valley Resort be received. 2. And That the Committee of Adjustment recommends to Council that Scott Macpherson, Roy Hastings, Allan Johnson and Larry Tupling be authorized to attend. Carried. Page 8 of 9 Page 12 of 131 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — August 15, 2013. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, September 19, 2013 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA1 3081 5 -1 1 Moved by Chappell, Seconded by Hastings It is recommended that we do now adjourn at 12:50 p.m. Carried. Scott Macpherson, Chair Derek Witlib, Deputy Secretary Treasurer Page 9 of 9 Page 13 of 131 5.a) Proposed Amendment to Zoning By -Law, Part of West Half ... ltlio% "l1'echnate r,,Jrs fa,., NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY -LAW OF THE TOWNSHIP OF ORO- MEDONTE 2013- ZBA -16 (Leigh/Piotrowski) TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting on Monday August 26, 2013 at 9:30 a.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By -law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the proposed Zoning By -law Amendment is to amend the zoning of the lands described as Part of West Half of Lots 24 & 25, Concession 7, Township of Oro - Medonte, municipally known as 290 Ridge Road West. The subject lands are presently zoned Agricultural /Rural (A/RU) Zone. A portion of the lands presently zoned Agricultural /Rural (A/RU) is proposed to be rezoned to a site - specific AgriculturaVRural (A/RU) Zone to prohibit a residential use. This application is required as a Condition of Consent Application 2013 -B -08 approved by the Committee of Adjustment in May 2013. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. If a person or public body that files an appeal of a decision of the Township of Oro - Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro - Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below. WRITTEN SUBMISSIONS should be directed to: Township of Oro - Medonte 148 Line 7 South P.O. Box 100, Oro, Ontario LOL 2X0 Attn: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By -law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration Building. For further information, contact the Planning Division at 705 -487 -2171. DATED at the Township of Oro - Medonte this 2nd day of August, 2013. ,.41111/ J Dougla- Irw • lerk dir Page 14 of 131 5.a) Proposed Amendment to Zoning By -Law, Part of West Half ... Page 15 of 131 5.b) Proposed Amendment to Zoning By -Law, West Part of Lot 1... CIS %fc / rite Proof Farm, NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY -LAW OF THE TOWNSHIP OF ORO- MEDONTE 2013- ZBA -14 (McGill) TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting on Monday August 26, 2013 at 9:30 a.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By -law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the proposed Zoning By -law Amendment is to amend the zoning of the lands described as West Part of Lot 11 Concession 4, formerly in the Township of Oro, municipally known as 1495 Line 3 North, in the Township of Oro - Medonte. The subject lands are presently zoned Agricultural /Rural (A/RU) Zone. A portion of the lands presently zoned Agricultural /Rural (A/RU) is proposed to be rezoned to a site - specific Agricultural /Rural (A/RU) Zone to prohibit a residential use. This application is required as a Condition of Consent Application 2013 -B -02 approved by the Committee of Adjustment in March 2013. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. If a person or public body that files an appeal of a decision of the Township of Oro - Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro - Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below. WRITTEN SUBMISSIONS should be directed to: Township of Oro - Medonte 148 Line 7 South P.O. Box 100, Oro, Ontario LOL 2X0 Attn: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By -law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration Building. For further information, contact the Planning Division at 705 - 487 -2171. DATED at the Township of Oro - Medonte this 2nd day of August, 2013. Andria Leigh, MCIP, RPP J Director of Development Services Page 16 of 131 5.b) Proposed Amendment to Zoning By -Law, West Part of Lot 1... Page 17 of 131 5.c) Proposed Amendment to Zoning By -Law, Part of Lot 1, Con... IYMi F.ev;ng 5:.m,r U90TOCD OF PUBLIC MIEETOV'dG FOR PROPOSED AMENDMENT TO THE ZONING t V -La W OF THIS TOWNSGOOP OF ORO4 EDONTL 2013- ZBA -04 (Uppal) TAKE IMOTOCE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting on Monday, August 26, 2013, at 9:30 a.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By -law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. 411E PURPOSE of the proposed Zoning By -law Amendment is to amend the zoning of the lands described as Part of Lot 1, Concession 14, formerly in the Township of Medonte, municipally known as 9110 Highway 12 West, located on the north -west corner of the intersection of Highway 12 West and Horseshoe Valley Road (County Road 22), in the Township of Oro - Medonte. The subject lands are presently zoned General Commercial (GC) Zone and Residential One (R1) Zone. It is proposed that the portion of the lands presently zoned Residential One (R1) be rezoned to a General Commercial (GC) Zone for the purposes of continued commercial use. A KEY MAP illustrating the location of the subject lands is provided below. NY PERSON may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. if a person or public body that files an appeal of a decision of the Township of Oro - Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro - Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below. WFITTCEN SUBMOSSOOLIS should be directed to: Township of Oro - Medonte 148 Line 7 South P.O. Box 100, Oro, Ontario LOL 2X0 Attn: J. Douglas Irwin, Clerk ADDMOOylAL Of'W0OtfIlATOON relating to the proposed Zoning By -law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration Building. For further information, contact the Manning Department at 705- 487 -2171. TED at the Township of Oro - Medonte this 2' day of August, 2013. Andria Leigh, MCIP, RPP U Director of Development Services Page 18 of 131 5.c) Proposed Amendment to Zoning By -Law, Part of Lot 1, Con... 2013- ZBA -04 (Uppal) HORSESHOE VALLEY ROAD E Subject Property (9110 Highway 12 West) Lands to be rezoned from Residential One (R1) Zone to General Commercial (GC) Zone Page 19 of 131 5.d) Proposed Amendment to Zoning By -Law, South Part of Lot ... 7LxroU;y vj' Cpiva. -'t kdonte thpoJ IP, NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY -LAW OF THE TOWNSHIP OF ORO- MEDONTE 2013- ZBA -09 (Greaves) TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting on Monday, August 26, 2013, at 9:30 a.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By -law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the proposed Zoning By -law Amendment is to amend the zoning of the lands described as South part of Lot 29, Concession 1 Township of Oro - Medonte. The subject lands are presently zoned Rural Residential Two (RUR2) Zone. It is proposed that the lands be rezoned to a site specific zone to permit a farm produce sales outlet and future food preparation and storage area. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. If a person or public body that files an appeal of a decision of the Township of Oro - Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro - Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below. WRITTEN SUBMISSIONS should be directed to: Township of Oro - Medonte 148 Line 7 South P.O. Box 100, Oro, Ontario LOL 2X0 Attn: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By -law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration Building. For further information, contact the Planning Department at 705 - 487 -2171. DATED at the Township of Oro - Medonte this 2nd day of August, 2013. Andria Leigh, MCI P, RPP Director of Development Services Page 20 of 131 5.d) Proposed Amendment to Zoning By -Law, South Part of Lot ... 2013- ZBA -09 (Greaves) SSJ1 SIDERCA-67W w BJECT LANDS (1945 Penetanguishene Road) Page 21 of 131 5.e) Proposed Amendment to Zoning By -Law, Part Block 88, Pla... ()rotor!, T N, NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY -LAW OF THE TOWNSHIP OF ORO- MEDONTE 2013- ZBA -13 (Modco) TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting on Monday, August 26, 2013, at 9:30 a.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By -law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the proposed Zoning By -law Amendment is to amend the zoning of the lands described as Part Block 88, Plan 51M-367, Concession 7, Township of Oro - Medonte, municipally known as 3375 Line 6 North. The subject lands are presently zoned Private Recreational Exception 44 (PR *44), Private Recreational Exception 115 (PR *115), and Environmental Protection (EP) Zones. It is proposed that a portion of the lands currently zoned Private Recreational Exception 44 be rezoned to a site specific Residential zone to permit construction of one single detached dwelling. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. If a person or public body that files an appeal of a decision of the Township of Oro - Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro - Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below. WRITTEN SUBMISSIONS should be directed to: Township of Oro - Medonte 148 Line 7 South P.O. Box 100, Oro, Ontario LOL 2X0 Attn: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By -law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration Building. For further information, contact the Planning Department at 705 -487 -2171. DATED at the Township of Oro - Medonte this 2nd day of August, 2013. Andria Leigh, MCI P, RPP D Director of Development Services Page 22 of 131 5.e) Proposed Amendment to Zoning By -Law, Part Block 88, Pla... Page 23 of 131 5.f) Proposed Amendment to Zoning By -Law, East part of Lot 1... Ted�sh:R +y` ovv /ettonte NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY -LAW OF THE TOWNSHIP OF ORO- MEDONTE 2013- ZBA -15 (J &K Farms) TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting on Monday August 26, 2013 at 9:30 a.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By -law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the proposed Zoning By -law Amendment is to amend the zoning of the lands described as East Part of Lot 12, Concession 11, formerly in the Township of Oro, municipally known as 1400 Line 11 North, in the Township of Oro - Medonte. The subject lands are presently zoned Agricultural /Rural (A/RU) Zone. A portion of the lands presently zoned Agricultural /Rural (A/RU) is proposed to be rezoned to a site - specific Agricultural /Rural (A/RU) Zone to prohibit a residential use. This application is required as a Condition of Consent Application 2013 -B -03 approved by the Committee of Adjustment in March 2013. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. If a person or public body that files an appeal of a decision of the Township of Oro - Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro - Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below. WRITTEN SUBMISSIONS should be directed to: Township of Oro - Medonte 148 Line 7 South P.O. Box 100, Oro, Ontario LOL 2X0 Attn: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By -law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration Building. For further information, contact the Planning Division at 705- 487 -2171. DATED at the Township of Oro - Medonte this 2nd day of August, 2013. Andria Leigh, MCIP, RPP Q Director of Development Services Page 24 of 131 5.f) Proposed Amendment to Zoning By-Law, East part of Lot 1... 2013-ZBA-15 (J&K Farms) 11160 51..310 1511,5602 58538 006 rviceOntario PRINTED ON JUN. 2013,1,0120 FOR SEARTRINGF SCALE o OD 1RD 2711 730 ,I5-0 me le PROPERTY INDEX MAP sitocoE(No. LEGEND T.= NES IS NOT ft PLAN OE SURVEY 'Ontario Queen, om.s.r.,Z01.2 Page 25 of 131 7.a) Report No. DS2013 -051, Derek Witlib, Manager, Planning ... REPORT Proud Heritage, Exciting Future Report No. DS2013 -051 To: Council Prepared By: D. Witlib, Manager, Planning Services Meeting Date: August 26, 2013 Subject: Zoning By -law Amendment 2013 - ZBA -16 (Piotrowski /Leigh) Motion # Roll #: 4346 - 010 -009 -00100 R.M.S. File #: D14 46099 RECOMMENDATION(S): Requires Action X For Information Only It is recommended that: 1. Report No. DS2013 -051 be received and adopted. 2. THAT Zoning By -law Amendment Application 2013 - ZBA -16 for Township of Oro - Medonte, being on Schedule 'A4' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of West Half of Lots 24 & 25, Concession 7, 290 Ridge Road West, in the former geographic Township of Oro, now in the Township of Oro - Medonte, from Agricultural /Rural (A/RU) Zone to an Agricultural /Rural Exception 236 (A/RU *236) Zone as shown on Schedule 'A' attached hereto and forming part of this By -law. 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. IBACKGROUND: The purpose of this report is to consider a proposed Zoning By -law Amendment Application submitted by Kaari and Edmund Piotrowski on behalf of Barry Leigh. This rezoning application has been submitted to fulfill a condition of approval for Consent Application 2013 -B -08, which was granted by the Committee of Adjustment in March 2013. The applicant is proposing the severance of a residence surplus to a farming operation as a result of farm consolidation. The subject lands are located in Part of West Half of Lots 24 & 25, Concession 7, (Oro), on the north side of Ridge Road West. IANALYSIS: As a condition of the Committee of Adjustment Provisional Consent approval, the applicant was required to apply for and obtain a rezoning for the reason that the DEVELOPMENT SERVICES Report No. DS2013 -051 August 26, 2013 Page 1 of 5 Page 26 of 131 7.a) Report No. DS2013 -051, Derek Witlib, Manager, Planning ... Provincial Policy Statement 2005 requires the prohibition of a residential use on farmland in a farm consolidation severance. On this basis the retained farm parcel is proposed to be rezoned to a site - specific Agricultural /Rural Exception 236 Zone (A/RU *236) to prohibit the development of residential uses. Notice of this public meeting was provided to all those within 120 metres of the subject lands and a public notice sign was posted on the lands in order to receive comments from members of the public. No comments were received as of the preparation of this report. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Potential financial and legal implications should the decision of Council be appealed to the Ontario Municipal Board. IPOLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are presently designated "Agricultural" by Schedule "A" of the Official Plan. Permitted uses within the Agricultural designation include agricultural uses, including hobby farms, single detached dwellings, bed and breakfast establishments, home occupations, greenhouses and agricultural related commercial uses. The objectives of the Agricultural designation are to maintain and preserve the agricultural resource base of the Township and to promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. This Zoning By -law Amendment application applies to lands that were approved by the Township's Committee of Adjustment to be severed. The applicant is proposing to utilize the lands for purposes that are consistent with the Committee's decision, that conform to the Official Plan and that are compatible with surrounding land uses. Zoning By -law 97 -95: The subject lands are zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone. The permitted uses of the A/RU Zone include a single detached dwelling on a lot. Pursuant to the decision of the Committee of Adjustment, it is necessary to site - specifically amend the A/RU Zone on the subject lands in order to prohibit residential uses. The EP Zone prohibits most forms of development and already prohibits residential uses, so it is not necessary to rezone the EP lands. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The subject lands are designated Rural & Agricultural in the County of Simcoe's Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.4 states that "[consents] for the purpose ... consolidation of land holdings are permitted but shall DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -051 Page 2 of 5 Page 27 of 131 7.a) Report No. DS2013 -051, Derek Witlib, Manager, Planning ... not be for the purpose of creating new lots except as otherwise permitted in this Plan ", and continues to state that "[all] lots created shall conform to all applicable municipal policies and bylaws." Section 3.6 of the County's Official Plan contains policies for lands in the Rural and Agricultural designation, and states that "[prime] agricultural areas will be protected for agriculture and compatible uses ... lots may be created for an agricultural use ... a residence surplus to a farming operation ... [and] [new] lots for agricultural uses should generally not be less than 35 hectares ... ". On this basis, it is the opinion of Planning Staff that proposed rezoning for the residence surplus to a farming operation generally conforms to the County of Simcoe's Official Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 2.3.4.1 of the PPS contains policies related to "Lot Creation and Lot Adjustments ", and specifically states that "Lot creation in prime agricultural areas is discouraged and may only be permitted for ... a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations ... c) a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance." The Consent application which proposed a new lot creation for a residence surplus to a farming operation as a result of farm consolidation included a condition in order to be consistent with the PPS that required the rezoning of the lands to prohibit a new residential dwelling on the vacant farmland. The proposed rezoning would incorporate a site specific exception zone on the vacant farmland that states that a new residential dwelling is prohibited on these lands. With the site specific exception zone that prohibits a residential dwelling, the proposed Zoning By -law Amendment is considered to be consistent with the Provincial Policy Statement, 2005. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 — Development outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.1(i). This policy restricts development outside of settlement areas, except where necessary for development related to the management of use of resources, resources -based recreational activities, and rural land uses that cannot be located within settlement areas. The zoning by -law amendment relates to a farm consolidation that creates a lot for the residence surplus to the farm operation and will prohibit residential use on the DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -051 Page 3 of 5 Page 28 of 131 7.a) Report No. DS2013 -051, Derek Witlib, Manager, Planning ... agricultural lands that are located outside of a settlement area in a prime agricultural area and would therefore in my opinion conforms with the Places to Grow legislation. CORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. ICONSULTATIONS: Notice of this application was circulated to relevant agencies and departments. The following comments have been received: Building Division - no concerns. IATTACHMENTS: Attachment 1: Location Map ICONCLUSION: The Zoning By -law Amendment application proposes to rezone lands to prohibit residential use on a retained farm parcel created through a farm consolidation. This rezoning is required as a Condition of the Consent decision. The proposed Zoning By- law Amendment is consistent with the Provincial Policy Statement, conforms to the Places to Grow legislation and conforms with the Township and County Official Plans. On this basis, it is recommended that Zoning By -law Amendment Application 2013 - ZBA-16 be approved and adopted by Council. Resp ctfully submitted: erek Witlib, M IP, RPP Manager, Planning Services SMT Approval / Comments: IC.A.O. Approval / Comments: DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -051 Page 4 of 5 Page 29 of 131 7.a) Report No. DS2013 -051, Derek Witlib, Manager, Planning ... 2013- ZBA -16 (Piotrowski /Leigh) SUBJECT PRCPERTY (290 Ridge Road West) DEVELOPMENT SERVICES Report No. DS2013 -051 Page 30 of 131 7.b) Report No. DS2013 -052, Andria Leigh, Director of Develo... REPORT Proud Heritage, Exciting Future Report No. DS2013 -052 To: Council Prepared By: D. Witlib, Manager, Planning Services Meeting Date: August 26, 2013 Subject: Zoning By -law Amendment 2013 - ZBA -14 (Michael McGill) Motion # Roll #: 4346 - 010 - 002 -09600 R.M.S. File #: D14 45840 RECOMMENDATION(S): Requires Action X For Information Only It is recommended that: 1. Report No. DS2013 -052 be received and adopted. 2. THAT Zoning By -law Amendment Application 2013 - ZBA -16 for Township of Oro - Medonte, being on Schedule 'Al2' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of West Half of Lot 11, Concession 4, in the former geographic Township of Oro, now in the Township of Oro - Medonte, 1495 Line 3 North, from Agricultural /Rural (A/RU) Zone to an Agricultural /Rural Exception 237 (A/RU *237) Zone and an Agricultural /Rural Exception 238 (A/RU *238) Zone. 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. IBACKGROUND: The purpose of this report is to consider a proposed Zoning By -law Amendment Application submitted by Michael McGill. This rezoning application has been submitted to fulfill a condition of approval for Consent Application 2013 -B -02, which was granted by the Committee of Adjustment in March 2013. The applicant is proposing the severance of a residence surplus to a farming operation as a result of a farm consolidation. The subject lands are located in Part of West Half of Lot 11, Concession 4 (Oro), on the east side of Line 3 North and on the south side of Old Barrie Road West. IANALYSIS: As a condition of the Committee of Adjustment Provisional Consent approval, the applicant was required to apply for and obtain a rezoning for the following reasons: DEVELOPMENT SERVICES Report No. DS2013 -052 August 26, 2013 Page 1 of 6 Page 31 of 131 7.b) Report No. DS2013 -052, Andria Leigh, Director of Develo... 1. With respect to the retained farmland, the Provincial Policy Statement 2005 requires the prohibition of a residential use on farmland in a farm consolidation severance. On this basis the retained farm parcel is proposed to be rezoned to a site - specific Agricultural /Rural Exception 237 (A/RU*237) Zone to prohibit the development of residential uses. 2. With respect to the severed parcel containing the surplus farm dwelling, it is necessary amend the Zoning By -law to recognize: i. a deficient lot size of approximately 1.0 hectare, for agricultural (hobby farm) uses; and ii. a deficient interior side yard of approximately 12.5 metres to an agricultural building. Therefore, the severed parcel is proposed to be rezoned to a site - specific Agricultural /Rural Exception 238 (A/RU"238) Zone. Notice of this public meeting was provided to all those within 120 metres of the subject lands and a public notice sign was posted on the lands in order to receive comments from members of the public. No comments were received as of the preparation of this report. I FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Potential financial and legal implications should the decision of Council be appealed to the Ontario Municipal Board. IPOLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are presently designated "Agricultural" by Schedule "A" of the Official Plan. Permitted uses within the Agricultural designation include agricultural uses, including hobby farms, single detached dwellings, bed and breakfast establishments, home occupations, greenhouses and agricultural related commercial uses. The objectives of the Agricultural designation are to maintain and preserve the agricultural resource base of the Township and to promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. This Zoning By -law Amendment application applies to lands that were approved by the Township's Committee of Adjustment to be severed. The applicant is proposing to utilize the lands for purposes that are consistent with the Committee's decision, that conform to the Official Plan and that are compatible with surrounding land uses. Zoning By -law 97 -95: The subject lands are zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone. The permitted uses of the A/RU Zone include a single detached dwelling on a lot. Pursuant to the decision of the Committee of Adjustment, it is DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -052 Page 2 of 6 Page 32 of 131 7.b) Report No. DS2013 -052, Andria Leigh, Director of Develo... necessary to site - specifically amend the A/RU Zone on the retained farm lands in order to prohibit residential uses. It is also necessary to site specifically amend the provisions of the A/RU Zone on the severed parcel. The Zoning By -law requires for a lot in the Agricultural/Rural (A/RU) Zone a minimum frontage of 45 metres, and a minimum of 0.4 hectares for a single detached dwelling, 2.0 hectares for a hobby farm or agricultural uses, and 4.0 hectares for an intensive or specialized agricultural use. The severed parcel would satisfy the minimum lot frontage and lot area requirements for residential uses, but would be deficient with respect the minimum lot area for a hobby farm or agricultural uses. The Zoning By -law also requires minimum interior side and rear yard setbacks of 15.0 metres (49.2 feet) for an agricultural building, whereas the applicant is proposing an interior side yard setback of 12.5 metres for an existing agricultural building on the severed lands. Portions of the retained lands are zoned Environmental Protection (EP) Zone, corresponding with small watercourses that cross the lands. The EP Zone prohibits most forms of development and already prohibits residential uses, so it is not necessary to rezone the EP lands. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The subject lands are designated Rural & Agricultural in the County of Simcoe's Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.4 states that "[consents] for the purpose ... consolidation of land holdings are permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan ", and continues to state that "[all] Tots created shall conform to all applicable municipal policies and bylaws." Section 3.6 of the County's Official Plan contains policies for lands in the Rural and Agricultural designation, and states that "[prime] agricultural areas will be protected for agriculture and compatible uses ... lots may be created for an agricultural use ... a residence surplus to a farming operation ... [and] [new] lots for agricultural uses should generally not be less than 35 hectares ... ". On this basis, it is the opinion of Planning Staff that proposed rezoning for the residence surplus to the farming operation generally conforms to the County of Simcoe's Official Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -052 Page 3 of 6 Page 33 of 131 7.b) Report No. DS2013 -052, Andria Leigh, Director of Develo... Section 2.3.4.1 of the PPS contains policies related to "Lot Creation and Lot Adjustments ", and specifically states that "Lot creation in prime agricultural areas is discouraged and may only be permitted for ... a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations ... c) a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance." The Consent application which proposed a new lot creation for a residence surplus to a farming operation as a result of farm consolidation included a condition in order to be consistent with the PPS that required the rezoning of the lands to prohibit a new residential dwelling on the vacant farmland. The proposed rezoning would incorporate a site specific exception zone on the vacant farmland that states that a new residential dwelling is prohibited on these lands. With the site specific exception zone that prohibits a residential dwelling, the proposed Zoning By -law Amendment is considered to be consistent with the Provincial Policy Statement, 2005. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 — Development outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.1(i). This policy restricts development outside of settlement areas, except where necessary for development related to the management of use of resources, resources -based recreational activities, and rural land uses that cannot be located within settlement areas. The zoning by -law amendment relates to a farm consolidation that creates a lot for the residence surplus to the farm operation and will prohibit residential use on the agricultural lands that are located outside of a settlement area in a prime agricultural area and would therefore in my opinion conforms with the Places to Grow legislation. CORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -052 Page 4 of 6 Page 34 of 131 7.b) Report No. DS2013 -052, Andria Leigh, Director of Develo... ICONSULTATIONS: Notice of this application was circulated to relevant agencies and departments. The following comments have been received: Building Division - no concerns. ATTACHMENTS: Attachment 1: Location Map CONCLUSION: The Zoning By -law Amendment application proposes to rezone lands to prohibit residential use on a retained farm parcel created through a farm consolidation. This rezoning is required as a Condition of the Consent decision. The proposed Zoning By- law Amendment is consistent with the Provincial Policy Statement, conforms to the Places to Grow legislation and conforms with the Township and County Official Plans. On this basis, it is recommended that Zoning By -law Amendment Application 2013 - ZBA-14 be approved and adopted by Council. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -052 Page 5 of 6 Page 35 of 131 7.b) Report No. DS2013 -052, Andria Leigh, Director of Develo... DEVELOPMENT SERVICES Report No. DS2013 -052 Page 36 of 131 7.c) Report No. DS2013 -053, Andria Leigh, Director of Develo... REPORT Tow(9flSilOf ip .eckirtte Proud Heritage, Exciting Future Report No. DS2013 -053 To: Council Prepared By: D. Witlib, Manager, Planning Services Meeting Date: August 26, 2013 Subject: Zoning By -law Amendment 2013 - ZBA -04 (R. Uppal) Motion # Roll #: 4346 - 020 - 004 -23300 R.M.S. File #: D14 44160 RECOMMENDATION(S): Requires Action X For Information Only It is recommended that: 1. Report No. DS2013 -053 be received and adopted. 2. THAT Zoning By -law Amendment Application 2013 - ZBA -04 for Township of Oro - Medonte, being on Schedule 'A18' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 1, Concession 14, in the former geographic Township of Medonte, now in the Township of Oro - Medonte, 9110 Highway 12 West, from Residential One (R1) Zone to a General Commercial (GC) Zone. 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. BACKGROUND: The purpose of this report is to consider a proposed Zoning By -law Amendment Application submitted by Ravi Uppal. The subject lands are located in Part of Lot 1, Concession 14 (Medonte) and are known as 9110 Highway 12 West. The lands support a commercial use (motor vehicle service station). ANALYSIS: There are presently two zones on the lands; a General Commercial (GC) Zone and a Residential One (R1) Zone. The application proposes to rezone to a General Commercial (GC) Zone that portion of the lands that is presently zoned Residential One (R1) Zone, in order to make the zoning of the lands consistent with the existing uses of the lands. No new development is proposed at this time. DEVELOPMENT SERVICES Report No. DS2013 -053 August 26, 2013 Page 1 of 5 Page 37 of 131 7.c) Report No. DS2013 -053, Andria Leigh, Director of Develo... Notice of this public meeting was provided to all those within 120 metres of the subject lands and a public notice sign was posted on the lands in order to receive comments from members of the public. No comments were received as of the preparation of this report. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Potential financial and legal implications should the decision of Council be appealed to the Ontario Municipal Board. IPOLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are presently designated "Rural Settlement Area" (Prices Corners) by Schedule "A" of the Official Plan. Permitted uses within the "Rural Settlement Area" designation include low density residential uses, small scale commercial uses, small scale industrial uses, institutional uses, bed and breakfast establishments and home occupations. The proposed rezoning from Residential One (R1) Zone to a General Commercial (GC) Zone to recognize the existing commercial use of the lands conforms to the Official Plan and is compatible with surrounding land uses. Zoning By -law 97 -95: The majority of the property is zoned General Commercial (GC) Zone and the westerly portion of the property is zoned Residential One (R1) Zone. The General Commercial (GC) Zone permits a wide range of commercial uses, including motor vehicle service stations, as well as apartment dwelling units accessory to a commercial use. The Residential One (R1) Zone permits single detached dwellings, semi - detached dwellings, home occupations, private home day cares and residential care homes. The subject lands are used as a motor vehicle service station, a use that is permitted in the GC Zone but that is not permitted in the R1 Zone. Therefore, in Staff's opinion it is appropriate to rezone the westerly portion of the property from Residential One (R1) Zone to a General Commercial (GC) Zone in order that the entire property be within the GC Zone. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The subject lands are located in Prices Corners which recognized as a "Settlement" in the County Official Plan. Section 3.5.4 of the County Official Plan states that settlements shall be the focus of growth and Section 3.5.8 states that settlements should be planned to accommodate a diversity of land uses DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -053 Page 2 of 5 Page 38 of 131 7.c) Report No. DS2013 -053, Andria Leigh, Director of Develo... including residential, commercial, industrial, and institutional, to reinforce their traditional role as central places and service centres. On this basis, it is the opinion of Planning Staff that proposed amendment generally conforms to the County of Simcoe's Official Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 1.1.3.1 of the PPS states that settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section 1.1.3.2 requires that land use patterns within settlement areas be based on a range of uses. On the basis of the above policies, the proposed Zoning By -law Amendment is considered to be consistent with the Provincial Policy Statement, 2005. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. Policy 2.2.2 (Managing Growth) identifies a number of requirements for accommodating population growth and employment, including developing complete communities with a diverse mix of land uses, as well as directing development to settlement areas. The zoning by -law amendment relates to an employment use that provides services to Prices Corners, the surrounding area and, in Staff's opinion, conforms to the Places to Grow legislation. ICORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -053 Page 3 of 5 Page 39 of 131 7.c) Report No. DS2013 -053, Andria Leigh, Director of Develo... ICONSULTATIONS: Notice of this application was circulated to relevant agencies and departments. The following comments have been received: Building Division - no concerns. Ministry of Transportation - no objection in principle to the proposed rezoning; however, the owner should be aware that in the future all proposed developments and /or any redevelopment of the site would be subject to the ministry review and approval process: • Ministry Building and Land -use permits are required prior to any construction - taking place on this site. • As part of the review process, the owner will be required to submit three copies of the formal site plan, SS &G plan and SWMR and based on the complexity of the development proposal the TIS Report may be required. • Since the site is adjacent to Hwy 12, a copy of a lighting plan and report will also be required to ensure that glare does not occur onto the R-0-W. Plans and report must be stamped and signed by a P.Eng. licensed in Ontario. IATTACHMENTS: Attachment 1: Location Map CONCLUSION: The Zoning By -law Amendment application proposes to rezone lands in order to recognize the existing use of the lands. The proposed Zoning By -law Amendment is consistent with the Provincial Policy Statement, conforms to the Places to Grow legislation and conforms with the Township and County Official Plans. On this basis, it is recommended that Zoning By -law Amendment Application 2013- ZBA -04 be approved and adopted by Council. Respectfully submitted: Derek Witlib, MCIP, RP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS2013 -053 August 26, 2013 Page 4 of 5 Page 40 of 131 7.c) Report No. DS2013 -053, Andria Leigh, Director of Develo... Subject Property (9110 Highway 12 West) Lands to be rezoned from Residential One (R1) Zone to General Commercial (GC) Zone DEVELOPMENT SERVICES Report No. DS2013 -053 Page 41 of 131 7.d) Report No. DS2013 -050, Andria Leigh, Director of Develo... REPORT 61141Tbwnship Proud Heritage, Exciting Future Report No. DS2013 -050 To: Council Prepared By: A. Leigh, Director, Development Services Meeting Date: August 26, 2013 Subject: Zoning By -law Amendment 2013 - ZBA -15 (J. & K. Farms Limited) Motion # Roll #: 4346 - 010 - 004 - 21400- 0000 R.M.S. File #: D14 45940 RECOMMENDATION(S): Requires Action X For Information Onlyn It is recommended that: 1. Report No. DS2013 -050 be received and adopted. 2. THAT Zoning By -law Amendment Application 2013 - ZBA -15 for Township of Oro - Medonte, being on Schedule 'A13' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in East Part of Lot 12, Concession 11, 1400 Line 11 North, in the former geographic Township of Oro, now in the Township of Oro - Medonte, from Agricultural /Rural (A/RU) Zone to an Agricultural /Rural Exception 235 (A /RU *235) Zone. 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. BACKGROUND: The purpose of this report is to consider a proposed Zoning By -law Amendment Application submitted by J & K Farms Limited. This rezoning application has been submitted to fulfill a condition of approval for Consent Application 2013 -B -03, which was granted by the Committee of Adjustment in March 2013. The applicant is proposing the severance of a residence surplus to a farming operation as a result of farm consolidation. The applicants' lands are located in the East Part of Lot 12, Concession 11, on the west side of Line 11 North. DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -050 Page 1 of 5 Page 42 of 131 7.d) Report No. DS2013 -050, Andria Leigh, Director of Develo... ANALYSIS: As a condition of the decision of the Committee of Adjustment to grant Provisional Consent, the applicant was required to apply for and obtain a rezoning for the following reason: The Provincial Policy Statement 2005 requires the prohibition of a residential use on farmland in a farm consolidation severance and on this basis, retained farm parcel is proposed to be rezoned to a site - specific Agricultural /Rural Exception 235 Zone (A/RU*235) to prohibit the development of residential uses A public meeting is being held on August 26, 2013 to receive comments from members of the public and relevant agencies. As indicated, this matter is a rezoning as a condition of Consent that was already considered by the Committee of Adjustment on March 21, 2013. At that hearing no comments were received from the public and no members of the public attended the hearing. As such it is not anticipated that public comments will be received at this public meeting. On this basis, in order to expedite the process, the planning staff report is being presented to Council the same date as the public meeting. In the event public comments are received the staff report would be deferred for further analysis. I FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Potential financial and legal implications should the decision of Council be appealed to the Ontario Municipal Board. IPOLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are presently designated "Agricultural" by Schedule "A" of the Official Plan. Permitted uses within the Agricultural designation include agricultural uses, including hobby farms, single detached dwellings, bed and breakfast establishments, home occupations, greenhouses and agricultural related commercial uses. The objectives of the Agricultural designation are to maintain and preserve the agricultural resource base of the Township and to promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. This Zoning By -law Amendment application applies to lands that were approved by the Township's Committee of Adjustment to be severed. The applicant is proposing to utilize the lands for purposes that are consistent with the Committee's decision, that conform to the Official Plan and that are compatible with surrounding land uses. Zoning By -law 97 -95: The subject lands are zoned Agricultural /Rural (A/RU) Zone, the permitted uses of which include a single detached dwelling on a lot. The A/RU Zone and the General Provisions of the Zoning By -law also regulate matters that include lot size, building DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -050 Page 2 of 5 Page 43 of 131 7.d) Report No. DS2013 -050, Andria Leigh, Director of Develo... setbacks, lot coverage and floor area. This application proposes to zone the subject lands to an Agricultural /Rural Exception 235 (A/RU*235), being an exception required to prohibit the use of the retained farm land for residential purposes. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The County Plan also contains General Development Policies and Guidelines which are found in Section 3.6.6. The proposed zoning application would prohibit residential use on an agricultural parcel created through farm consolidation (as required by the Provincial Policy Statement), which is consistent with the policies of the County Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 2.3.4.1 of the PPS contains policies related to "Lot Creation and Lot Adjustments" which were analyzed for the Consent application, and which specifically state that "Lot creation in prime agricultural areas is discouraged and may only be permitted for ... a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations ... c) a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance." The Consent application which proposed a new lot creation for a residence surplus to a farming operation as a result of farm consolidation included a condition in order to be consistent with the PPS that required the rezoning of the lands to prohibit a new residential dwelling on the vacant farmland. The proposed rezoning would incorporate a site specific exception zone on the vacant farmland that states that a new residential dwelling is prohibited on these lands. With the site specific exception zone that prohibits a residential dwelling, the proposed Zoning By -law Amendment is considered to be consistent with the Provincial Policy Statement, 2005. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 — Development outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.1(i). This policy restricts development outside of settlement areas, except where necessary for development related to the management of use of resources, resources -based recreational activities, and rural land uses that cannot be located within settlement areas. The zoning by -law amendment relates to a farm consolidation that creates a lot for the residence surplus to the farm operation and will prohibit residential use on the DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -050 Page 3 of 5 Page 44 of 131 7.d) Report No. DS2013 -050, Andria Leigh, Director of Develo... agricultural lands that are located outside of a settlement area in a prime agricultural area and would therefore in my opinion conforms with the Places to Grow legislation. CORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro- Medonte's natural beauty and county -like character Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. CONSULTATIONS: N/A 1 ATTACHMENTS: Attachment 1: Location Map ICONCLUSION: The Zoning By -law Amendment application proposes to rezone lands to prohibit residential use on a retained farm parcel created through a farm consolidation. This rezoning is required as a Condition of the Consent decision. The proposed Zoning By- law Amendment is consistent with the Provincial Policy Statement, conforms to the Places to Grow legislation and conforms with the Township and County Official Plans. On this basis, it is recommended that Zoning By -law Amendment Application 2013 - ZBA-15 be approved and adopted by Council. Respectfully submitted: Andria Leigh, MCI 'f', RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS2013 -050 August 26, 2013 Page 4 of 5 Page 45 of 131 7.d) Report No. DS2013 -050, Andria Leigh, Director of Develo... 2013- ZBA -15 (J. & K. Farms Limited) LANDS TO BE REZONED FROM AGRICULTURAURURAL (A /RU) AGRICULTURAL/RURAL EXCE' DEVELOPMENT SERVICES Report No. DS2013 -050 Page 46 of 131 7.e) Report No. DS2013 -054, Andria Leigh, Director of Develo... REPORT Township Proud Heritage, Exciting Future Report No. DS2013 -054 To: Council Prepared By: D. Witlib, Manager, Planning Services Meeting Date: August 26, 2013 Subject: Site Plan Agreement Amendment 2013 - SPA -10 (Catherine Todd), 15 Springhome Road Motion # Roll #: 4346 -010- 009 -68945 R.M.S. File #: D11 46103 RECOMMENDATION(S): Requires Action X For Information Only It is recommended: 1. THAT Report No. DS2013 -054 be received and adopted. 2. THAT the Township of Oro - Medonte enters into a Site Plan Agreement with Catherine Todd to permit a single detached dwelling at 15 Springhome Road. 3. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with Catherine Todd. 4. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Provision from lands described as 15 Springhome Road, West Part of Lot 26, Concession 9, Being Part 1, on Plan 51R-36216. 5. AND THAT the owner be notified of Council's decision. BACKGROUND: The subject property consists of 0.68 hectares of lot area with approximately 71.98 metres of frontage on Springhome Road and a lot depth of approximately 95.22 metres. The lands are part of a 6 lot development that was the subject of Official Plan and Zoning By -law Amendments that were approved in 2007 to permit the residential development of the lands, along with measures (Site Plan Approval and a Holding (H) provision) to preserve trees and protect breeding bird habitat. As such, the owner must enter into a Site Plan Agreement prior to the removal of the Holding Provision and issuance of a Building Permit. A permit from the Lake Simcoe Region Conservation Authority is also required and the permit would regulate matters that would include prohibiting development during the breeding bird season. DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -054 Page 1 of 6 Page 47 of 131 7.e) Report No. DS2013 -054, Andria Leigh, Director of Develo... IANALYSIS: The applicant has submitted a site plan which proposes to establish on the lands a single detached dwelling, driveway, septic system and paved pad for private recreational use (hockey, basketball). The site plan proposes to locate the structures and other features in such a manner as to take advantage of the more open areas (bushes, grass) of the property rather than the treed areas of the property. Planning Staff is satisfied that the proposed site plan would maintain as much tree cover as is reasonably possible on the lot. IFINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: N /A. IPOLICIES /LEGISLATION: Township of Oro - Medonte Official Plan In 2007 the subject lands were redesignated from Rural and Environmental Protection Two Overlay designations to the current Shoreline designation. The intent of the redesignation was to expand the Shoreline designation permit the creation of six residential lots, including the lot that is the subject of this report. Section C5.3.4 of the Official Plan contains a number of criteria that Council would have considered when it adopted the amendment to expand the Shoreline designation, and one those criteria is that "...the majority of the existing tree cover on the proposed lots is retained and protected as part of the approvals process ". Based on the site plan submitted by the applicant, Staff is of the opinion that the application conforms to the Official Plan. Township of Oro - Medonte Zoning By -law 97 -95 A portion of the subject lands is zoned Shoreline Residential Exception 179 Holding (SR *179(H)) Zone; the Holding provision was applied to these lands as part of the rezoning application when it was determined that the subject property abuts lands that have been identified as environmentally significant. Consideration of the removal of the Holding Provision requires a Site Plan which depicts the building and septic envelopes, and areas of vegetation to be protected. The site plan submitted by the applicant identifies these and is intended to ensure that the existing vegetation identified is protected during building construction. The reminder of the subject lands is zoned Environmental Protection (EP) Zone, but the applicant does not propose any development within the EP Zone. The development would not be affected by Section 5.25 of the Zoning By -law (30 metre setback from EP Zone) because the SR *179(H) Zone contains a provision that waives the setback requirement. DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -054 Page 2 of 6 Page 48 of 131 7.e) Report No. DS2013 -054, Andria Leigh, Director of Develo... Permitted uses in the SR*179(H) Zone include single detached dwellings and accessory buildings. As such, the applicant's proposal to construct a dwelling would constitute a permitted use and the location of the proposed dwelling on the site plan would appear to comply with the Zoning By -law. ICORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. ICONSULTATIONS: No comments have been received as a result of circulation to Township Staff or the Lake Simcoe Region Conservation Authority. IATTACHMENTS: Attachment 1: Location Map Attachment 2: Aerial Photo Attachment 2: Site Plan ICONCLUSION: The application to construct a dwelling constitutes a permitted use and would comply with all requirements of the Shoreline Residential (SR (H)) Zone. It is recommended that Site Plan Application 2013 - SPA -10 and the Removal of the Holding Provision applying to the subject lands be approved. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services ISMT Approval / Comments: DEVELOPMENT SERVICES Report No. DS2013 -054 IC.A.O. A. • rov- / Co .' ents: August 26, 2013 Page 3 of 6 Page 49 of 131 7.e) Report No. DS2013 -054, Andria Leigh, Director of Develo... SUBJECT PROPERTY (15 SPRINGHOME ROAD) DEVELOPMENT SERVICES Report No. DS2013 -054 Page 50 of 131 7.e) Report No. DS2013 -054, Andria Leigh, Director of Develo... ATTACHMENT 2: AERIAL PHOTO 2013 - SPA -10 (Catherine Todd) DEVELOPMENT SERVICES Report No. DS2013 -054 August 26, 2013 Page 5 of 6 Page 51 of 131 7.e) Report No. DS2013 -054, Andria Leigh, Director of Develo... r %f ATTACHMENT 3: SITE PLAN 2013- SPA -10 (Catherine Todd) Pr rQ o -4ree r'a.vv3 ten_ 1 RECEIVED JUL 0,32013 ORO•MEDONTE TOWNSHIP I ' DEVELOPMENT SERVICES August 26, 2013 Report No. DS2013 -054 Page 6 of 6 Page 52 of 131 8.a) Correspondence dated August 14, 2013 from Jennifer Whit... To: From: Date: - nkrn�eyc.'a ataunt Crile --? n•Medmte - Roma • Roman: • Severn MEMO Mayor Angelo Orsi Mayor Bill Duffy Mayor Harry Hughes Mayor Mike Burkett Chief Sharon Stinson -Henry Jennifer Whitley, Marketing Manager August 14, 2013 Subject: OLC Board of Directors - Funding Partner Appointments Ontario's Lake Country has completed our Twelfth Annual General Meeting. It was a successful event held on June 19, 2013 at Carriage Ridge Resort in Oro - Medonte. Financial statements were provided; please advise if you have any questions or would like to request a copy. On behalf of the Board of Directors and staff, I would like to thank -you for your continued support. The current list of Board of Directors is as follows: Helen Cooper Casino Rama Donna Hewitt (Treasurer) Oro- Medonte Appointed Municipal Dan Landry Orillia Appointed Municipal Jane Dunlop Severn Appointed Municipal Rob Furlonger(Chair) Rama Appointed Municipal John O'Donnell Ramara Appointed Municipal Roger Selman (Vice Chair) Century 21 Lakeside Cove John Hammill Orillia Packet & Times Sarah Huter Mount St Louis Moonstone Donna Goodwin SUMAC Christian Lauder Stone Gate Inn Christi Spriggs Bayview Wildwood Mark Laughlin Horseshoe Resort Please confirm in writing, by August 30, 2013, your appointment to the Ontario's Lake Country Board of Directors for the 2013 -2014 year. Can you please also include in the correspondence the estimated timing for Ontario's Lake Country's presentation of our Business Plan for 2014. We understand that OLC funding is already in the budget for the next year pending, Councils' annual approval of OLC's Business Plan moving forward. Thank you, we look forward to hearing from you. Should you have any questions, please do not hesitate to contact me directly. Jennifer Whitley Marketing Manager Ontario's Lake Country Tourism Marketing Board, 22 Peter St. S., Box 2525, Orillia, ON L3V 7A3 Toll Free: 1- 866 - 329 -5959 Fax: 705 - 325 -6817 Email: Jennifer @ontarioslakecountry.com www.OntariosLakeCountry.com Page 53 of 131 8.b) Correspondence dated August 9, 2013 from Peter Devries,... Page 54 of 131 Schedule "D" to By -law No. 2012 -167 7 ;; i np` APPLICATION FOR NOISE (9; tfonte EXEMPTION i r.,J Fivw.r, III: ti� F'irmm EXEMPTION APPLICATION No.: 2 CAS - C4°1 Include with completed application: • Application fee payment of $50.00 • Written permission from the property owner. Site Plan Drawing /Description of Event \.._J Approvals (office use only) Fire: Date: Planning: Date: Transportation: Date: Date(s) of Event /1600 11- 2)13 —,'> O dabc r- d713 Start Time 5 'e0 pri End Time - 7 -'60 ar? Applicant Information (Please print) First Name Pct-- Last Name 1vr,es Home Address (Street Number and Name) 0i9s5 tkrewd r;v Sf , City Assls5egoct Postal Code L54 '161 Telephone Number ilid - tes, -0317 Fax Number 003- aZ - X Email Address p cs @F - a 1 Proposed Location of Event(s) 15C0 Lim 13 N, flaw Keg Owner of Land (if different than applicant) atviJ To ilnsoil Reason for Exemption: r� 1 �L ,41* L r-5 (,✓r,r�i �r- sv(a✓' C© cr-,on pr ec+ Statement of Fact - Important - Please read carefully 1 make the following statement of fact: �,1. The information set forth in this application is true, accurate and in all material respects complete. 2. I am aware that if an exemption is granted I will comply with the requirements of By -law No. 2012 -167 and any other relevant statute or act. 3. I am aware that a false Statement of Fact may result in the application for an exemption being refused. This Statement of Fact was de on th' q day of A a^7-1 20 i, 3 , . Signature of Applicant Page 54 of 131 8.c) Correspondence dated August 9, 2013 from Peter Devries,... Page 55 of 131 Schedule "D" to By -law No. 2012 -167 "'' APPLICATION FOR NOISE Cgi:w/t /earinte EXEMPTION EXEMPTION APPLICATION No.: aOIS - 3ot Include with completed application: • Application fee payment of $50.00 • Written permission from the property owner. Site Plan Drawing /Description of Event Approvals (office use only) Fire: Date: Planning: Date: Transportation: Date: Date(s) of Event Acovsi 20(3 --fl a tr 6%t3 Start Time $» v, End Time 7° ©©c, Applicant Information (Please print) First Name Pei-- Last Name P &vrl eS Home Address (Street Number and Name) aO,e5 14t4CDn-tar0 St. City t11ss,ssa q Postal Code L54 961 Telephone Number (1) N I6 - 68e - 0317 Fax Number 105 - a C -'ice Email Address pd evt-las Q pc!, coil Proposed Location of Event(s) 1535 Lit- (3 /V, 14awVv4 ie- Owner of Land (if different than applicant) /Wall Dinsor /t + al nf) Reason for Exemption: 1 Af +c,r �rs tvt9F-K -R"e". Solar co15Tc t/cm P(jec 1 Statement of Fact — Important — Please read carefully 1 make the following statement of fact: 1. The information set forth in this application is true, accurate and in all material respects complete. 2. I am aware that if an exemption is granted I will comply with the requirements of By -law No. 2012 -167 and any other relevant statute or act. 3. 1 am aware that a false Statement of Fact may result in the application for an exemption being refused. II This Statement of Fact was made on this I c� day of 5+ 20 (3 , . Signature of Applican Page 55 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -144 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Aveiro Constructors WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C130717 -14, the successful bidder of Tender Contract RC2013 -T02 to be Aveiro Constructors; AND WHEREAS Council deems it expedient to enter into an agreement for Tender Contract RC2013 -T02; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement for Tender Contract RC2013 -T02 attached hereto as Schedule "A" and forming part of this By -Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 56 of 131 CCDC 9.a) A By -Law to Authorize the Execution of an Agreement Bet... —ei Qf Uci QQX 14CL& -Th2 2 stipulated price contract HURONIA NURSE PRACTITIONER LED CLINIC - Phase II RC- 2013 -T02 Apply a CCDC 2 copyright seal here. The application of the seal demonstrates the intention of the party proposing the use of this document that it be an accurate and unamended form of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE Page 57 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... TABLE OF CONTENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR A -1 The Work A -2 Agreements and Amendments A -3 Contract Documents A4 Contract Price A -5 Payment A -6 Receipt of and Addresses for Notices in Writing A -7 Language of the Contract A -8 Succession DEFINITIONS 1. Change Directive 2. Change Order 3. Construction Equipment 4. Consultant 5. Contract 6. Contract Documents 7. Contract Price 8. Contract Time 9. Contractor 10. Drawings 11. Notice in Writing 12. Owner 13. Place of the Work 14. Product 15. Project 16. Provide 17. Shop Drawings 18. Specifications 19. Subcontractor 20. Substantial Performance of the Work 21. Supplemental Instruction 22. Supplier 23. Temporary Work 24. Value Added Taxes 15. Work 26. Working Day GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 Contract Documents GC 1.2 Law of the Contract GC 1.3 Rights and Remedies GC 1.4 Assignment PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 Authority of the Consultant GC 2.2 Role of the Consultant GC 23 Review and Inspection of the Work GC 2.4 Defective Work PART 3 EXECUTION OF THE WORK GC 3.1 Control of the Work GC 32 Construction by Owner or Other Contractors GC 3.3 Temporary Work GC 3.4 Document Review GC 3.5 Construction Schedule GC 3.6 Supervision GC 3.7 Subcontractors and Suppliers GC 3.8 Labour and Products GC 3.9 Documents at the Site GC 3.10 Shop Drawings GC3.11 Use of the Work GC 3.12 Cutting and Remedial Work GC 3.13 Cleanup , 'ART 4 ALLOWANCES ;C 4.1 Cash Allowances GC 4.2 Contingency Allowance PART 5 PAYMENT GC 5.1 Financing Information Required of the Owner GC 52 Applications for Progress Payment GC 5.3 Progress Payment GC 5.4 Substantial Performance of the Work GC 5.5 Payment of Holdback upon Substantial Performance of the Work GC 5.6 Progressive Release of Holdback GC 5.7 Final Payment GC 5.8 Withholding of Payment GC 5.9 Non-conforming Work PART 6 CHANGES IN THE WORK GC 6.1 Owner's Right to Make Changes GC 62 Change Order GC 6.3 Change Directive GC 6.4 Concealed or Unknown Conditions GC 6.5 Delays GC 6.6 Claims for a Change in Contract Price PART 7 DEFAULT NOTICE GC 7.1 Owner's Right to Perform the Work, Terminate the Contractor's Right to Continue with the Work or Terminate the Contract GC 7.2 Contractor's Right to Suspend the Work or Terminate the Contract PART 8 DISPUTE RESOLUTION GC 8.1 Authority of the Consultant GC 8.2 Negotiation, Mediation and Arbitration GC 83 Retention of Rights PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 Protection of Work and Property GC 9.2 Toxic and Hazardous Substances GC 9.3 Artifacts and Fossils GC 9.4 Construction Safety GC 9.5 Mould PART 10 GOVERNING REGULATIONS GC 10.1 Taxes and Duties GC 10.2 Laws, Notices, Permits, and Fees GC 10.3 Patent Fees GC 10.4 Workers' Compensation PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 Insurance GC 112 Contract Security PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 12.1 Indemnification GC 12.2 Waiver of Claims GC 12.3 Warranty The Canadian Construction Documents Committee (CCDC) is a national joint committee responsible for the development, production and review of standard Canadian construction contracts, forms and guides. Formed in 1974 the CCDC is made up of volunteer representatives from: Public Sector Owners Private Sector Owners Canadian Bar Association (Ex- Officio) * The Association of Canadian Engineering Companies * The Canadian Construction Association * Construction Specifications Canada * The Royal Architectural Institute of Canada *Committee policy and procedures are directed and approved by the four constituent national organizations. CCDC 2 is the product of a consensus- building process aimed at balancing the interests of all parties on the construction project. It reflects recommended industry practices. CCDC 2 can have important consequences. The CCDC and its constituent member organizations do not accept any responsibility or liability for loss or damage which may be suffered as a result of the use or interpretation of CCDC 2. CCDC Copyright 2008 Must not be copied in whole or in part without the written permission of the CCDC. Page 58 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... Standard Construction Document CCDC 2 - 2008 AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment. This Agreement made on the 19th day of August in the year 2013 . by and between the parties Township of Oro - Medonte hereinafter called the "Owner" and Aveiro Constructors LTD. hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A -1 THE WORK The Contractor shall: 1.1 perform the Work required by the Contract Documents for RC- 2013 -T02 - Huronia Nurse Practitioner LED Clinic - Phase II insert above the name of the Work located at 3331 Line 4 North, Oro Medonte, ON insert above the Place of the Work for which the Agreement has been signed by the parties, and for which Steenhof Building Services Group insert above the name of the Consultant is acting as and is hereinafter called the "Consultant" and 1.2 do and fulfill everything indicated by the Contract Documents, and 1.3 commence the Work by the 19th day of August in the year 2013 and subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance of the Work, by the thday of tuber in they ar 2013 . ARTICLE A -2 AGREEMENTS AND AMENDMENTS 2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS. 2.2 The Contract may be amended only as provided in the Contract Documents. CCDC2 -2008 File005213 1 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 - 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 59 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... ARTICLE A -3 CONTRACT DOCUMENTS 3.1 The following are the Contract Documents referred to in Article A -1 of the Agreement - THE WORK: - Agreement between Owner and Contractor — Definitions The General Conditions of the Stipulated Price Contract - Drawings and Specifications prepared by Steenhof Building Services for the Huronia Nurse Practitioner LED Clinic - Phase II (Project No. A- 12140). - Equipment & Material Specifications - Addendum 1 dated 06/03/2013 - Addendum 2 dated 06/10/2013 (Insert here, attaching additional pages if required, a list ident fying all other Contract Documents e.g. supplementary conditions; information documents; specifications, giving a list of contents with section numbers and titles, number of pages and date; material finishing schedules; drawings, giving drawing number, title, date, revision date or mark; addenda, giving title, number, date) CCDC2 -2008 File005213 2 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract tf the document cover page bears a CCDC 2 copyright seal to demonstrate that 0 is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 60 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... ARTICLE A -4 CONTRACT PRICE 4.1 The Contract Price, which excludes Value Added Taxes, is: Six Hundred Forty Three Thousand Three Hundred Dollars and Zero Cents /100 dollars $ 643,300.00 4.2 Value Added Taxes (of 13 %) payable by the Owner to the Contractor are: Eighty Three Thousand Six Hundred Twenty Nine Dollars and Zero Cents /100 dollars $ 83,629.00 4.3 Total amount payable by the Owner to the Contractor for the construction of the Work is: Seven Hundred Twenty Six Thousand Nine Hundred Twenty Nine Dollars and Zero Cents /100 dollars $ 726,929.00 4.4 These amounts shall be subject to adjustments as provided in the Contract Documents. 4.5 All amounts are in Canadian funds. ARTICLE A -5 PAYMENT 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of Ten percent ( 10 %), the Owner shall: .1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the Consultant together with such Value Added Taxes as may be applicable to such payments, and .2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. 5.2 hi the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1— INSURANCE. 5.3 Interest .1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until payment: (1) 2% per annum above the prime rate for the first 60 days. (2) 4% per annum above the prime rate after the first 60 days. Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by Bank of Canada (Insert name of chartered lending institution whose prime rate is to be used) for prime business loans as it may change from time to time. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the settlement amount of any claim in dispute that is resolved either pursuant to Part 8 of the General Conditions — DISPUTE RESOLUTION or otherwise, from the date the amount would have been due and payable under the Contract, had it not been in dispute, until the date it is paid. CCDC 2-2008 File 005213 3 Note: This contract is protected by copyright Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 —2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 61 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... ARTICLE A -6 RECEIPT OF AND ADDRESSES FOR NOTICES 1N WRITING 6.1 Notices in Writing will be addressed to the recipient at the address set out below. The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender. A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by the other party on the date of delivery if delivered by hand or courier, or if sent by mail it shall be deemed to have been received five calendar days after the date on which it was mailed, provided that if either such day is not a Working Day, then the Notice in Writing shall be deemed to have been received on the Working Day next following such day. A Notice in Writing sent by facsimile or other form of electronic communication shall be deemed to have been received on the date of its transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been received at the opening of business at the place of receipt on the first Working Day next following the transmission thereof. An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this Article. Owner Contractor Consultant Municipality of Oro - Medonte name of Owner* 148 Line 7S, Box 100, Oro Ontario LOL2X0 address 1- 705- 487 -0133 facsimile number Aveiro Constructors LTD. sbinns @oro- medonte.ca email address name of Contractor* 40 Hudson Drive, Dorchester, Ontario. N0L 1G5 address 1 -519- 268 -7354 facsimile number Steenhof Building Services Group gilc @aveiroconstructors.com email address name of Consultant* 126 Mississaga St. E, Orillia Ontario L3V 1V7 address 1- 705 -325 -8400 jworrall @steenhotbuilding.com facsimile number email address * If it is intended that the notice must be received by a specific individual, that individual's name shall be indicated ARTICLE A -7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the English / FrXh # language shall prevail. # Complete this statement by striking out inapplicable term. 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente convention est redigee en anglais a la demande des parties. CCDC 2— 2008 File 005213 4 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 62 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... ARTICLE A -8 SUCCESSION 8.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives. SIGNED AND DELIVERED in the presence of: WITNESS OWNER name of owner signature signature name of person signing name and title of person signing signature signature name of person signing name and title of person signing WITNESS CONTRACTOR signature Nei 2c COta 9132s. L11 . name of Contractor name of person signing name and title ofperson signitlg signature signature name of person signing name and title of person signing N.B. Where legal jurisdiction, local practice or Owner or Contractor requirement calls for: (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affixing of a corporate seal, this Agreement should be properly sealed. CCDC 2 — 2008 File 005213 5 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 63 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... Standard Construction Document CCDC 2 — 2008 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the Contractor to proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and the Contractor agreeing upon adjustments in the Contract Price and the Contract Time. 2. Change Order A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the Contractor stating their agreement upon: - a change in the Work, - the method of adjustment or the amount of the adjustment in the Contract Price, if any; and - the extent of the adjustment in the Contract Time, if any. 3. Construction Equipment Construction Equipment means all machinery and equipment, either operated or not operated, that is required for preparing, fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work. 4. Consultant The Consultant is the person or entity engaged by the Owner and identified as such in the Agreement. The Consultant is the Architect, the Engineer or entity licensed to practise in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authorized representative. 5. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. 6. Contract Documents The Contract Documents consist of those documents listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS C 7. and amendments agreed upon between the parties. Contract Price The Contract Price is the amount stipulated in Article A -4 of the Agreement - CONTRACT PRICE. 8. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A -1 of the Agreement - THE WORK from commencement of the Work to Substantial Performance of the Work. 9. Contractor The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the Contractor or the Contractor's authorized representative as designated to the Owner in writing. 10. Drawings The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, and diagrams. 11. Notice in Writing A Notice in Writing, where identified in the Contract Documents, is a written communication between the parties or between them and the Consultant that is transmitted in accordance with the provisions of Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. 12. Owner The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. 13. Place of the Work The Place of the Work is the designated site or location of the Work identified in the Contract Documents. 14. Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include Construction Equipment. CCDC 2 - 2008 File 007100 6 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 64 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... 15. Project The Project means the total construction contemplated of which the Work may be the whole or a part. 16. Provide Provide means to supply and install. 17. Shop Drawings Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which the Contractor provides to illustrate details of portions of the Work. 18. Specifications The Specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, workmanship, quality, and the services necessary for the performance of the Work. 19. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work at the Place of the Work. 20. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, or if the Work is govemed by the Civil Code of Quebec, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. 21. Supplemental Instruction A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of Specifications, Drawings, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. 22. Supplier A Supplier is a person or entity having a direct contract with the Contractor to supply Products. 23. Temporary Work Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding Construction Equipment, required for the execution of the Work but not incorporated into the Work. 24. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial or Territorial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the Contractor by the tax legislation. 25. Work The Work means the total construction and related services required by the Contract Documents. 26. Working Day Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the construction industry in the area of the Place of the Work. CCDC 2 - 2008 File 007100 7 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 65 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... Standard Construction Document CCDC 2 - 2008 GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between: .1 the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. 1.13 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.5 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1.1.6 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers. 1.1.7 If there is a conflict within the Contract Documents: .1 the order of priority of documents, from highest to lowest, shall be - the Agreement between the Owner and the Contractor, - the Definitions, - Supplementary Conditions, - the General Conditions, - Division 1 of the Specifications, - technical Specifications, - material and finishing schedules, - the Drawings. .2 Drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on Drawings shall govern over dimensions scaled from Drawings. .4 later dated documents shall govern over earlier documents of the same type. 1.1.8 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perform the Work. 1.1.9 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All Specifications, Drawings and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.10 Models furnished by the Contractor at the Owner's expense are the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. CCDC 2 -2008 File007213 8 Note_ This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 66 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... GC 1.4 ASSIGNMENT 1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner, the Contractor and the Consultant. 2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant. GC 2.2 ROLE OF THE CONSULTANT 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents. 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents. 2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant's responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 The Consultant will promptly inform the Owner of the date of receipt of the Contractor's applications for payment as provided in paragraph 5.3.1.1 of GC 5.3 — PROGRESS PAYMENT. 2.2.5 Based on the Consultant's observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article A -5 of the Agreement - PAYMENT, GC 5.3 - PROGRESS PAYMENT and GC 5.7 - FINAL PAYMENT. 2.2.6 The Consultant will not be responsible for and will not have control, charge or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work. 2.2.7 Except with respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents. 2.2.8 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be initially referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other party- 2.2.9 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. hi making such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. 2.2.10 The Consultant's interpretations and findings will be given in writing to the parties within a reasonable time. 2.2.11 With respect to claims for a change in Contract Price, the Consultant will make findings as set out in GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. 2.2.12 The Consultant will have authority to reject work which in the Consultant's opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. CCDC 2 — 2008 File 007213 9 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth m supplementary conditions. Page 67 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... C 2.2.13 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. 2.2.14 The Consultant will review and take appropriate action upon Shop Drawings, samples and other Contractor's submittals, in accordance with the Contract Documents. 2.2.15 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 2.2.16 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. 2.2.17 All certificates issued by the Consultant will be to the best of the Consultant's knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.18 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the Consultants instructions, or by the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notification of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notification of the date and time of inspections by other authorities. 2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor shall pay the cost of making any test or inspection, including the cost of samples required for such test or inspection, if such test or inspection is designated in the Contract Documents to be performed by the Contractor or is designated by the laws or ordinances applicable to the Place of the Work. 2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by the Consultant or the Owner if such test or inspection is designated in the Contract Documents. GC 2.4 DEFECTIVE WORK 2.4.1 The Contractor shall promptly correct defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such corrections at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents. If the Owner and the Contractor do not agree on the difference in value, they shall refer the matter to the Consultant for a determination. CCDC2 -2008 File007213 10 Note: This contract is protected by copyright Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 68 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... PART 3 EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co- ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform work with own forces. 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Owner shall: .1 provide for the co- ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract; .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract, .4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 - INSURANCE and co- ordinate such insurance with the insurance coverage of the Contractor as it affects the Work, and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the Owner and other contractors reasonable opportunity to store their products and execute their work; .2 cooperate with other contractors and the Owner in reviewing their construction schedules; and .3 promptly report to the Consultant in writing any apparent deficiencies in the work of other contractors or of the Owner's own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion of the Work. 3.2.4 Where the Contract Documents identify work to be performed by other contractors or the Owner's own forces, the Contractor shall co- ordinate and schedule the Work with the work of other contractors and the Owner's own forces as specified in the Contract Documents. 3.2.5 Where a change in the Work is required as a result of the co- ordination and integration of the work of other contractors or Owner's own forces with the Work, the changes shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.2.6 Disputes and other matters in question between the Contractor and other contractors shall be dealt with as provided in Part 8 of the General Conditions - DISPUTE RESOLUTION provided the other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owner contains a similar agreement to arbitrate. GC 3.3 TEMPORARY WORK 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of Temporary Work. 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such Temporary Work is of such a nature that professional engineering skill is required to produce safe and satisfactory results. CCDC 2 — 2008 File 007213 11 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 69 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... 3.3.3 Notwithstanding the provisions of GC 3.1 - CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify a method of construction in whole or in part, such designs or methods of construction shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information and belief and in making such review the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Contractor shall: .1 prepare and submit to the Owner and the Consultant prior to the fast application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter- relationship to demonstrate the Work will be performed in conformity with the Contract Time; .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and .3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions - CHANGES IN THE WORK. GC 3.6 SUPERVISION 3.6.1 The Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the Place of the Work while work is being performed. The appointed representative shall not be changed except for valid reason. 3.6.2 The appointed representative shall represent the Contractor at the Place of the Work. Information and instructions provided by the Consultant to the Contractor's appointed representative shall be deemed to have been received by the Contractor, except with respect to Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. GC 3.7 SUBCONTRACTORS AND SUPPLIERS 3.7.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract, and shall: .1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3.7.2 The Contractor shall indicate in writing, if requested by the Owner, those Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.7.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. 3.7.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. CCDC2 -2008 File007213 12 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract r the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 —2008 except to the extent that any alterations, additions or modtfrcations are set forth in supplementary conditions. Page 70 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... 3.7.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to which the Contractor may reasonably object. 3.7.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the Subcontractor's or Supplier's work which has been certified for payment. GC 3.8 LABOUR AND PRODUCTS 3.8.1 The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract. 3.8.2 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.8.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned. GC 3.9 DOCUMENTS AT THE SITE 3.9.1 The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place of the Work, in good order and available to the Owner and the Consultant. GC 3.10 SHOP DRAWINGS 3.10.1 The Contractor shall provide Shop Drawings as required in the Contract Documents. 3.10.2 The Contractor shall provide Shop Drawings to the Consultant to review in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of other contractors. 3.10.3 Upon request of the Contractor or the Consultant, they shall jointly prepare a schedule of the dates for provision, review and return of Shop Drawings. 3.10.4 The Contractor shall provide Shop Drawings in the form specified, or if not specified, as directed by the Consultant. 3.10.5 Shop Drawings provided by the Contractor to the Consultant shall indicate by stamp, date and signature of the person responsible for the review that the Contractor has reviewed each one of them. 3.10.6 The Consultant's review is for conformity to the design concept and for general arrangement only. 3.10.7 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such authority by the Contractor for approval. 3.10.8 The Contractor shall review all Shop Drawings before providing them to the Consultant. The Contractor represents by this review that: .1 the Contractor has determined and verified all applicable field measurements, field construction conditions, Product requirements, catalogue numbers and similar data, or will do so, and .2 the Contractor has checked and co- ordinated each Shop Drawing with the requirements of the Work and of the Contract Documents. 3.10.9 At the time of providing Shop Drawings, the Contractor shall expressly advise the Consultant in writing of any deviations in a Shop Drawing from the requirements of the Contract Documents. The Consultant shall indicate the acceptance or rejection of such deviation expressly in writing. 3.10.10 The Consultants review shall not relieve the Contractor of responsibility for errors or omissions in the Shop Drawings or for meeting all requirements of the Contract Documents. 3.10.11 The Contractor shall provide revised Shop Drawings to correct those which the Consultant rejects as inconsistent with the Contract Documents, unless otherwise directed by the Consultant. The Contractor shall notify the Consultant in writing of any revisions to the Shop Drawings other than those requested by the Consultant. 3.10.12 The Consultant will review and return Shop Drawings in accordance with the schedule agreed upon, or, in the absence of such schedule, with reasonable promptness so as to cause no delay in the performance of the Work. CCDC 2 — 2008 File 007213 13 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 71 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... GC 3.11 USE OF THE WORK 3.11.1 The Contractor shall confine Construction Equipment, Temporary Work, storage of Products, waste products and debris, and operations of employees and Subcontractors to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Place of the Work. 3.11.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC 3.12 CUTTING AND REMEDIAL WORK 3.12.1 The Contractor shall perform the cutting and remedial work required to make the affected parts of the Work come together properly. 3.12.2 The Contractor shall co- ordinate the Work to ensure that the cutting and remedial work is kept to a minimum. 3.12.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill -timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.12.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Work. GC 3.13 CLEANUP 3.13.1 The Contractor shall maintain the Work in a safe and tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, other contractors or their employees. 3.13.2 Before applying for Substantial Performance of the Work as provided in GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK, the Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees, and shall leave the Place of the Work clean and suitable for use or occupancy by the Owner. The Contractor shall remove products, tools, Construction Equipment, and Temporary Work not required for the performance of the remaining work. r 3.13.3 Prior to application for the final payment, the Contractor shall remove any remaining products, tools, Construction Equipment, Temporary Work, and waste products and debris, other than those resulting from the work of the Owner, other contractors or their employees. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of work or costs included in such cash allowances shall be as described in the Contract Documents. 4.1.2 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant. 4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, the Contractor shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set out in the Contract Documents. Where the actual cost of the Work under any cash allowance is less than the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash allowance, but not for the Contractor's overhead and profit on such amount. Multiple cash allowances shall not be combined for the purpose of calculating the foregoing. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the amount of each cash allowance and the actual cost of the work under that cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. CCDC 2 — 2008 File 007213 14 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 72 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 The contingency allowance includes the Contractor's overhead and profit in connection with such contingency allowance. 4.2.3 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 4.2.4 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.3 and the contingency allowance. PART 5 PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, before signing the Contract, and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall give the Contractor Notice in Writing of any material change in the Owner's financial arrangements to fulfill the Owner's obligations under the Contract during the performance of the Contract. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.1 Applications for payment on account as provided in Article A -5 of the Agreement - PAYMENT may be made monthly as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative day of the month agreed in writing by the parties. 5.2.3 The amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed and Products delivered to the Place of the Work as of the last day of the payment period. 5.2.4 The Contractor shall submit to the Consultant, at Least 15 calendar days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. 5.2.5 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment, unless it is found to be in error. 5.2.6 The Contractor shall include a statement based on the schedule of values with each application for payment. 5.2.7 Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. GC 5.3 PROGRESS PAYMENT 5.3.1 After receipt by the Consultant of an application for payment submitted by the Contractor in accordance with GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT: .1 the Consultant will promptly inform the Owner of the date of receipt of the Contractor's application for payment, .2 the Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant determines to be properly due. If the Consultant amends the application, the Consultant will promptly advise the Contractor in writing giving reasons for the amendment, .3 the Owner shall make payment to the Contractor on account as provided in Article A -5 of the Agreement - PAYMENT on or before 20 calendar days after the later of: - receipt by the Consultant of the application for payment, or - the last day of the monthly payment period for which the application for payment is made. CCDC 2 — 2008 File 007213 15 Note.' This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parries to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 73 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... C GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 5.4.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall, within one Working Day, deliver to the Consultant and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Consultant to establish Substantial Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 The Consultant will review the Work to verify the validity of the application and shall promptly, and in any event, no later than 20 calendar days after receipt of the Contractor's list and application: .1 advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and give reasons why, or .2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy of that certificate to each of the Owner and the Contractor. 5.4.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a reasonable date for finishing the Work. GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Contractor shall. .1 submit an application for payment of the holdback amount, .2 submit CCDC 9A `Statutory Declaration' to state that all accounts for labour, subcontracts, Products, Construction Equipment, and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full, except for amounts properly retained as a holdback or as an identified amount in dispute. 5.5.2 After the receipt of an application for payment from the Contractor and the statement as provided in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback account, the Owner shall, 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.5.4 In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the first calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. 5.5.5 In the Province of Quebec, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable 30 calendar days after the issuance of the certificate. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 5.6.1 In the common law jurisdictions, where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, on the first calendar day following the expiration of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. CCDC2 -2008 File 007213 16 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth In supplementary conditions. Page 74 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... c 5.6.2 In the Province of Quebec, where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, no later than 30 calendar days after such certification by the Consultant. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. 5.6.3 Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the Contractor shall ensure that such subcontract work or Products are protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when such certificates were issued. GC 5.7 FINAL PAYMENT 5.7.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. 5.7.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Contractor for final payment, review the Work to verify the validity of the application and advise the Contractor in writing that the application is valid or give reasons why it is not valid. 5.7.3 When the Consultant finds the Contractor's application for final payment valid, the Consultant will promptly issue a final certificate for payment. 5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Contractor as provided in Article A -5 of the Agreement - PAYMENT. GC 5.8 WITHHOLDING OF PAYMENT 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, there are items of work that cannot be performed, payment in full for that portion of the Work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portion of the Work is fmished, only such an amount that the Consultant determines is sufficient and reasonable to cover the cost of performing such remaining work. GC 5.9 NON - CONFORMING WORK 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. PART 6 CHANGES IN THE WORK GC 6.1 OWNER'S RIGHT TO MAKE CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make: .1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change Directive, and .2 changes to the Contract Time for the Work, or any part thereof, by Change Order. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Consultant will provide the Contractor with a written description of the proposed change in the Work. The Contractor shall promptly present, in a form acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order. The value of the work performed as the result of a Change Order shall be included in the application for progress payment. CCDC2 -2008 File007213 17 Note: This contract is protected by copyright. Use of CCDC 2 doe:anent not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 75 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... c GC 6.3 CHANGE DIRECTIVE 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive shall only be used to direct a change in the Work which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. 6.3.5 For the purpose of valuing Change Directives, changes in the Work that are not substitutions or otherwise related to each other shall not be grouped together in the same Change Directive. 6.3.6 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis of the cost of the Contractor's actual expenditures and savings attributable to the Change Directive, valued in accordance with paragraph 6.3.7 and as follows: .1 If the change results in a net increase in the Contractor's cost, the Contract Price shall be increased by the amount of the net increase in the Contractor's cost, plus the Contractor's percentage fee on such net increase. .2 If the change results in a net decrease in the Contractor's cost, the Contract Price shall be decreased by the amount of the net decrease in the Contractor's cost, without adjustment for the Contractor's percentage fee. .3 The Contractor's fee shall be as specified in the Contract Documents or as otherwise agreed by the parties. 6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following: .1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor under a salary or wage schedule agreed upon by the Owner and the Contractor, or in the absence of such a schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Contractor, for personnel (1) stationed at the Contractor's field office, in whatever capacity employed; (2) engaged in expediting the production or transportation of material or equipment, at shops or on the road; (3) engaged in the preparation or review of Shop Drawings, fabrication drawings, and coordination drawings; or (4) engaged in the processing of changes in the Work. .2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the Contractor and included in the cost of the Work as provided in paragraph 6.3.7.1; .3 travel and subsistence expenses of the Contractor's personnel described in paragraph 6.3.7.1; .4 all Products including cost of transportation thereof; .5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed in the performance of the Work, and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation, and delivery cost thereof; .7 all equipment and services required for the Contractor's field office; .8 deposits lost; .9 the amounts of all subcontracts; .10 quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Work, .12 royalties, patent licence fees and damages for infringement of patents and cost of defending suits therefor subject always to the Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 - PATENT FEES; .13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; .14 any adjustment in taxes, other than Value Added Taxes, and duties for which the Contractor is liable; .15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred in relation to the performance of the Work; .16 removal and disposal of waste products and debris; and .17 safety measures and requirements. CCDC 2 — 2008 File 007213 18 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2— 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 76 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... C 6.3.8 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs or liabilities attributable to the Change Directive other than those which are the result of or occasioned by any failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work. Any cost due to failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work shall be borne by the Contractor. 6.3.9 The Contractor shall keep full and detailed accounts and records necessary for the documentation of the cost of performing the Work attributable to the Change Directive and shall provide the Consultant with copies thereof when requested. 6.3.10 For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the Contractor's pertinent documents related to the cost of performing the Work attributable to the Change Directive. 6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.12 If the Owner and the Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in the Work, or the method of determining it, the adjustment shall be referred to the Consultant for determination. 6.3.13 When the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order. GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are: .1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or .2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed and in no event later than 5 Working Days after first observance of the conditions. 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 - CHANGE DIRECTIVE. 6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant will report the reasons for this finding to the Owner and the Contractor in writing. 6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils, or mould, the parties will be governed by the provisions of GC 92 - TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 - ARTIFACTS AND FOSSILS and GC 9.5 — MOULD. GC 6.5 DELAYS 6.5.1 If the Contractor is delayed in the performance of the Work by an action or omission of the Owner, Consultant or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. CCDC 2 — 2008 File 007213 19 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 77 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... C 6.5.3 If the Contractor is delayed in the performance of the Work by: .1 labour disputes, strikes, lock -outs (including lock -outs decreed or recommended for its members by a recogniwid contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), .2 fire, unusual delay by common carriers or unavoidable casualties, .3 abnormally adverse weather conditions, or .4 any cause beyond the Contractor's control other than one resulting from a default or breach of Contract by the Contractor, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner, Consultant or anyone employed or engaged by them directly or indirectly. 6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing shall be necessary. 6.5.5 If no schedule is made under paragraph 2.2.13 of GC 2.2 - ROLE OF THE CONSULTANT, then no request for extension shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made. GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE 6.6.1 If the Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against the Contractor for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of intent to claim to the other party and to the Consultant. 6.6.2 Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim shall: .1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or series of events, and .2 keep such records as may be necessary to support the claim. 6.6.3 The party making the claim shall submit within a reasonable time to the Consultant a detailed account of the amount claimed and the grounds upon which the claim is based. 6.6.4 Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted under paragraph 6.6.3 shall be considered to be an interim account and the party making the claim shall, at such intervals as the Consultant may reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a fmal account after the end of the effects resulting from the event or series of events. 6.6.5 The Consultant's findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties within 30 Working Days after receipt of the claim by the Consultant, or within such other time period as may be agreed by the parties. 6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 7.1.1 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency, or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contractor's right to continue with the Work, by giving the Contractor or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.1.2 If the Contractor neglects to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, give the Contractor Notice in Writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such Notice in Writing. CCDC 2 -2008 File 007213 20 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 78 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... 7.1.3 If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently agreed in writing by the parties, the Contractor shall be in compliance with the Owner's instructions if the Contractor: .1 commences the correction of the default within the specified time, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with the Contract terms and with such schedule. 7.1.4 If the Contractor fails to correct the default in the time specified or in such other time period as may be subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may: .1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certified such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: .1 take possession of the Work and Products at the Place of the Work; subject to the rights of third parties, utilize the Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, and .2 withhold further payment to the Contractor until a final certificate for payment is issued, and .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 - WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. 7.1.6 The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by the Contractor up to the time of termination shall continue after such termination of the Contract. GC 7.2 CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT 7.2.1 If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.2.2 If the Work is suspended or otherwise delayed for a period of 20 Working Days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that effect. 7.2.3 The Contractor may give Notice in Writing to the Owner, with a copy to the Consultant, that the Owner is in default of the Owner's contractual obligations if: .1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, or .2 the Consultant fails to issue a certificate as provided in GC 5.3 - PROGRESS PAYMENT, or .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, confines by written statement to the Contractor that sufficient cause exists. 7.2.4 The Contractor's Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the Notice in Writing, the Contractor may, without prejudice to any other right or remedy the Contractor may have, suspend the Work or terminate the Contract. 7.2.5 If the Contractor terminates the Contract under the conditions set out above, the Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and Construction Equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. CCDC2 -2008 Fi1e007213 21 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 err'pt to the extent that any alterations, additions or modifications are setforth in supplementary conditions. Page 79 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... c PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT 8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of GC 8.2 - NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.3 - RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant will give such instructions as in the Consultants opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION 8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall appoint a Project Mediator .1 within 20 Working Days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by Notice in Writing requests that the Project Mediator be appointed. 8.2.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 - ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a Notice in Writing of reply to the dispute within 10 Working Days after receipt of such Notice in Writing setting out particulars of this response and any relevant provisions of the Contract Documents. 8.2.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid and timely disclosure of relevant facts, information and documents to facilitate these negotiations. 8.2.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph 8.2.2, the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. 8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving Notice in Writing to the Owner, the Contractor and the Consultant. 8.2.6 By giving a Notice in Writing to the other party and the Consultant, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the Rules for Arbitration of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. The arbitration shall be conducted in the jurisdiction of the Place of the Work. 8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a Notice in Writing is not given under paragraph 8.2.6 within the required time, the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. CCDC2 -2008 File 007213 22 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 80 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... C 8.2.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in paragraph 8.2.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8 2 6 shall be .1 held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier; and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the Notice in Writing required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3 of GC 8.1 — AUTHORITY OF THE CONSULTANT. 8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have under paragraph 8.2.6 of GC 8.2 — NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage which may arise as the result of the Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of: .1 errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, other contractors, their agents and employees. 9.1.2 Before commencing any work, the Contractor shall determine the location of all underground utilities and structures indicated in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Work. 9.1.3 Should the Contractor in the performance of the Contract damage the Work, the Owner's property or property adjacent to the Place of the Work, the Contractor shall be responsible for making good such damage at the Contractor's expense. 9.1.4 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided in GC 6.1— OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES 9.2.1 For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. 9.2.2 Prior to the Contractor commencing the Work, the Owner shall, .1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances that are known to exist and their locations. 9.2.3 The Owner shall take all reasonable steps to ensure that no person's exposure to any toxic or hazardous substances exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed as a result of exposure to, or the presence of toxic or hazardous substances which were at the Place of the Work prior to the Contractor commencing the Work. 9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of Work prior to the Contractor commencing the Work. CCDC2 -2008 Fi1e007213 23 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 —2008 except to the extent that any alterations, additions or modcations are set forth in supplementary conditions. Page 81 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... 9.2.5 If the Contractor .1 encounters toxic or hazardous substances at the Place of the Work, or .2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work, which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible and which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person's exposure to any toxic or hazardous substances exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and .4 immediately report the circumstances to the Consultant and the Owner in writing. 9.2.6 If the Owner and Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were brought onto the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.2.7 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were not brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall promptly at the Owner's own expense: .1 take all steps as required under paragraph 9.2.4; .2 reimburse the Contractor for the costs of all steps taken pursuant to paragraph 9.2.5; .3 extend the Contract time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in 9.2.6 and reimburse the Contractor for reasonable costs incurred as a result of the delay; and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.2.8 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Contractor shall promptly at the Contractor's own expense: .1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely remove and dispose the toxic or hazardous substances; .2 make good any damage to the Work, the Owner's property or property adjacent to the place of the Work as provided in paragraph 9.1.3 of GC 9.1— PROTECTION OF WORK AND PROPERTY; .3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.2.9 If either party does not accept the expert's findings under paragraph 9.2.6, the disagreement shall be settled in accordance with Part 8 of the General Conditions - Dispute Resolution. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. GC 9.3 ARTIFACTS AND FOSSILS 9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the Place or Work shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner. 9.3.2 The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Consultant upon discovery of such items. 9.3.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found that would cause an increase or decrease in the Contractor 's cost or time to perform the Work, the Consultant, with the Owner 's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 CHANGE DIRECTIVE. GC 9.4 CONSTRUCTION SAFETY 9.4.1 Subject to paragraph 3.2.2.2 of GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. CCDC2 -2008 File 007213 24 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 —2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 82 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... GC 9.5 MOULD 9.5.1 If the Contractor or Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, .1 the observing party shall promptly report the circumstances to the other party in writing, and .2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and .3 if the Owner and Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and Contractor. 9.5.2 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was caused by the Contractor's operations under the Contract, the Contractor shall promptly, at the Contractor's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 make good any damage to the Work, the Owner's property or property adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1- PROTECTION OF WORK AND PROPERTY, and .3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.5.3 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was not caused by the Contractor's operations under the Contract, the Owner shall promptly, at the Owner's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Work as provided in paragraph 9.1.4 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the delay, and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.5.4 If either party does not accept the expert's finding under paragraph 9.5.1.3, the disagreement shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. If such desagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 - MOULD. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article A-4 of the Agreement - CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract Documents specify as the responsibility of the Contractor. 10.2.3 The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. CCDC 2 —2008 File 007213 25 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract tf the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 83 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... C 10.2.5 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will make the changes required to the Contract Documents as provided in GC 6.1 - OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 10.2.6 If the Contractor fails to advise the Consultant in writing; and fails to obtain direction as required in paragraph 10.2.5; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7 If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the requirements of GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan or design of which was supplied to the Contractor as part of the Contract Documents. GC 10.4 WORKERS' COMPENSATION 10.4.1 Prior to commencing the Work, again with the Contractor's application for payment of the holdback amount following Substantial Performance of the Work and again with the Contractor's application for final payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.1 - INDEMNIFICATION, the Contractor shall provide, maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41 — CCDC Insurance Requirements in effect at the time of bid closing except as hereinafter provided: .1 General liability insurance in the name of the Contractor and include, or in the case of a single, blanket policy, be endorsed to name, the Owner and the Consultant as insureds but only with respect to liability, other than legal liability arising out of their sole negligence, arising out of the operations of the Contractor with regard to the Work. General liability insurance shall be maintained from the date of commencement of the Work until one year from the date of Substantial Performance of the Work Liability coverage shall be provided for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial Performance of the Work. .2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. .3 Aircraft or Watercraft Liability Insurance when owned or non -owned aircraft or watercraft are used directly or indirectly in the performance of the Work .4 "Broad form" property insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The "Broad form" property insurance shall be provided from the date of commencement of the Work until the earliest of: (1) 10 calendar days after the date of Substantial Performance of the Work; CCDC 2 — 2008 File 007213 26 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 —2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 84 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... c (2) on the commencement of use or occupancy of any part or section of the Work unless such use or occupancy is for construction purposes, habitational, office, banking, convenience store under 465 square metres in area, or parking purposes, or for the installation, testing and commissioning of equipment forming part of the Work, (3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more than 30 consecutive calendar days. .5 Boiler and machinery insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Substantial Performance of the Work. .6 The "Broad form" property and boiler and machinery policies shall provide that, in the case of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. In the event of loss or damage: (1) the Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either parry under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may recommend in consultation with the Contractor; (2) the Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds in accordance with the progress payment provisions. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work; and (3) to the Work arising from the work of the Owner, the Owner's own forces or another contractor, the Owner shall, in accordance with the Owner's obligations under the provisions relating to construction by Owner or other contractors, pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in accordance with the progress payment provisions. .7 Contractors' Equipment Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. 11.1.2 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Work 11.1.3 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for which the above policies are required to pay, except where such amounts may be excluded by the terms of the Contract. 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the cost from the amount which is due or may become due to the Contractor. 11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. 11.1.6 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies reduced insurance requirements, the parties shall address such reduction, prior to the Contractor's insurance policy becoming due for renewal, and record any agreement in a Change Order. 11.1.7 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies increased insurance requirements, the Owner may request the increased coverage from the Contractor by way of a Change Order. 11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41 — INSURANCE REQUIREMENTS. GC 11.2 CONTRACT SECURITY 11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Owner any Contract security specified in the Contract Documents. CCDC 2 — 2008 File 007213 27 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 85 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... 11.2.2 If the Contract Documents require surety bonds to be provided, such bonds shall be issued by a duly licensed surety company authorized to transact the business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 12.1 INDEMNIFICATION 12.1.1 Without restricting the parties' obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner and the Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this Contract, provided such claims are: .1 caused by: (1) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or (2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and .2 made by Notice in Writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.4.2.2 of GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The parties expressly waive the right to indemnity for claims other than those provided for in this Contract. 12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows: .1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by either party pursuant to GC 11.1 — INSURANCE, the general liability insurance limit for one occurrence as referred to in CCDC 41 in effect at the time of bid closing. .2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either party in accordance with GC 11.1 — INSURANCE, the greater of the Contract Price as recorded in Article A -4 — CONTRACT PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000. .3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall apply. 12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.1.1 and 12.1.2 shall be inclusive of interest and all legal costs. 12.1.4 The Owner and the Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. 12.1.5 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in paragraph 10.3.2 of GC 10.3 — PATENT FEES, and .2 arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Contractor: .1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based became known; .2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order, judgment or award made against the party entitled by this contract to be indemnified, then the indemnifying party upon assuming all liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order or judgment has been made until such rights of appeal have been exhausted. CCDC 2 —2008 File 007213 28 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and to amended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 86 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... c GC 12.2 WAIVER OF CLAIMS 12.2.1 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Contractor waives and releases the Owner from all claims which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against the Owner arising from the Contractor's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: .1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Owner from the Contractor no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, .2 indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be asserted by the Contractor against the Owner pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Contractor pursuant to the provisions of paragraphs 12.1.4 or 12.1.5 of GC 12.1 — INDEMNIFICATION; and .4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.2 The Contractor waives and releases the Owner from all claims referenced in paragraph 12.2.1.4 except for those referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received by the Owner from the Contractor within 395 calendar days following the date of Substantial Performance of the Work. 12.2.3 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Owner waives and releases the Contractor from all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Contractor arising from the Owner's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: .1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Contractor from the Owner no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, .2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may be asserted by the Owner against the Contractor pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Owner against the Contractor pursuant to the provisions of paragraph 12.1.4 of GC 12.1 - INDEMNIFICATION; .4 damages arising from the Contractor's actions which result in substantial defects or deficiencies in the Work. "Substantial defects or deficiencies" mean those defects or deficiencies in the Work which affect the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents; .5 claims arising pursuant to GC 12.3 - WARRANTY; and .6 claims arising from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.4 The Owner waives and releases the Contractor from all claims referred to in paragraph 12.2.3.4 except claims for which Notice in Writing of claim has been received by the Contractor from the Owner within a period of six years from the date of Substantial Performance of the Work should any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the applicable limitation statute does not permit such agreement, within such shorter period as may be prescribed by: .1 any limitation statute of the Province or Territory of the Place of the Work, or .2 lithe Place of the Work is the Province of Quebec, then Article 2118 of the Civil Code of Quebec. 12.2.5 The Owner waives and releases the Contractor from all claims referenced in paragraph 12.2.3.6 except for those referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under GC 12.3 — WARRANTY and claims for which Notice in Writing has been received by the Contractor from the Owner within 395 calendar days following the date of Substantial Performance of the Work. 12.2.6 "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS to preserve a claim or right of action which would otherwise, by the provisions of GC 12.2 — WAIVER OF CLAIMS, be deemed to be waived, must include the following: .1 a clear and unequivocal statement of the intention to claim; .2 a statement as to the nature of the claim and the grounds upon which the claim is based; and .3 a statement of the estimated quantum of the claim. 12.2.7 The party giving "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS shall submit within a reasonable time a detailed account of the amount claimed. CCDC 2 — 2008 File 007213 29 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract tf the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 —2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 87 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... 12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing effect, the detailed account submitted under paragraph 12.2.7 shall be considered to be an interim account and the party making the claim shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph 12.2.3.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. 12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph12.2.1.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. GC 123 WARRANTY 12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under the Contract is one year from the date of Substantial Performance of the Work. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 The Owner, through the Consultant, shall promptly give the Contractor Notice in Writing of observed defects and deficiencies which occur during the one year warranty period. 123.4 Subject to paragraph 12.3.2, the Contractor shall correct promptly, at the Contractor's expense, defects or deficiencies in the Work which appear prior to and during the one year warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.4. 12.3.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, shall be as specified in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Contractor's responsibility with respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor. The obligations under such extended warranties are solely the responsibilities of the warrantor. CCDC2 -2008 Fi1e007213 30 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 88 of 131 9.a) A By -Law to Authorize the Execution of an Agreement Bet... 75 Albert Street Suite 400 Ottawa, Ont. KIP 5E7 Tel: (613) 236 -9455 Fax: (613) 236 -9526 info @ccdc.org Association of Canadian Engineering Companies Canadian Construction Association Construction Specifications Canada The Royal Architectural Institute of Canada CCDC CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE CCDC 41 CCDC INSURANCE REQUIREMENTS PUBLICATION DATE: JANUARY 21, 2008 1. General liability insurance shall be with limits of not less than $5,000,000 per occurrence, an aggregate limit of not less than $5,000,000 within any policy year with respect to completed operations, and a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Form 2100 (including an extension for a standard provincial and territorial form of non -owned automobile liability policy) and IBC Form 2320. To achieve the desired limit, umbrella or excess liability insurance may be used. Subject to satisfactory proof of financial capability by the Contractor, the Owner may agree to increase the deductible amounts. 2. Automobile liability insurance in respect of vehicles that are required by law to be insured under a contract by a Motor Vehicle Liability Policy, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property, covering all vehicles owned or leased by the Contractor. Where the policy has been issued pursuant to a government - operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. 3. Aircraft and watercraft liability insurance with respect to owned or non -owned aircraft and watercraft (if used directly or indirectly in the performance of the Work), including use of additional premises, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and limits of not Less than $5,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. 4. "Broad form" property insurance shall have limits of not less than the sum of 1.1 times Contract Price and the full value, as stated in the Contract, of Products and design services that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Forms 4042 and 4047 (excluding flood and earthquake) or their equivalent replacement. Subject to satisfactory proof of financial capability by the Contractor, the Owner may agree to increase the deductible amounts. 5. Boiler and machinery insurance shall have limits of not less than the replacement value of the permanent or temporary boilers and pressure vessels, and other insurable objects forming part of the Work. The insurance coverage shall not be less than the insurance provided by a comprehensive boiler and machinery policy. 6. "Broad form" contractors' equipment insurance coverage covering Construction Equipment used by the Contractor for the performance of the Work, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. Subject to satisfactory proof of financial capability by the Contractor for self- insurance, the Owner may agree to waive the equipment insurance requirement. 7. Standard Exclusions 7.1 In addition to the broad form property exclusions identified in IBC forms 4042(1995), and 4047(2000), the Contractor is not required to provide the following insurance coverage: • Asbestos • Cyber Risk • Mould • Terrorism www.ccdc.org Page 89 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -145 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Catherine Todd described as lands as follows: West Part of Lot 26, Concession 9, Being Part 2 on Plan 51R-36216, Oro - Medonte Township of Oro - Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2008 -069, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2008 -069; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 26TH DAY OF AUGUST, 2013. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 90 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... APPENDIX "A" SITE PLAN AGREEMENT - between - Catherine Todd - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS CON 9 W PT LOT 26 ORO BEING PT 1 PL 51R- 36216; ORO- MEDONTE, COUNTY OF SIMCOE PIN 74032 -0221 LT Date: August 26, 2013 By -Law No. 2013 -145 Page 91 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless Schedule "A" Schedule "B" Schedule "C" Schedule "D" SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 2 Page 92 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 26th day of August 2013, in accordance with Section 41 of the Planning Act. BETWEEN: CATHERINE TODD Hereinafter called the "Owner" PARTY OF THE FIRST PART -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro - Medonte to permit a single detached dwelling on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B "; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 93 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. 9) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit a single detached dwelling described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 4 Page 94 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & I) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. i) Tree Removal Identification and protection of approximately 50% of all over - storey 5 Page 95 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... j) trees to promote screening and retention of wildlife /habitat /corridor values. Within this area, no clear cutting of trees will be permitted, although thinning of dense, young tree growth and stems less than 4.0 c.m. diameter at breast height, as well as trees of poor health and quality will be permitted; No tree removal to occur during breeding bird season in the Spring unless approved by the Lake Simcoe Region Conservation Authority. Conservation Authority The Owner agrees to obtain the required permits from the Lake Simcoe Region Conservation Authority and to comply with all regulations contained within their permit. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E ", with an automatic renewal clause in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these altemative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. 6 Page 96 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS 7 Page 97 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) 8 Catherine Todd, Owner The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 98 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Catherine Todd LEGAL DESCRIPTION OF LANDS W PT LOT 26 CON 9 ORO BEING PT 1 PL 51R- 36216; ORO- MEDONTE PIN 74032 -0221 LT 9 Page 99 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... 10 Page 100 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Catherine Todd SITE PLAN A. o -\— r¢w,au21 RECEIVED JUL 032013 0/90- MEDONTE TOWNSHIP 11 Page 101 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... Page 102 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 13 Page 103 of 131 9.b) A By -law to Authorize the Execution of a Site Plan Cont... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 14 $1000 Page 104 of 131 9.c) Being a By -law to remove the Holding symbol applying to... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -146 Being a By -law to remove the Holding symbol applying to lands located at West Part of Lot 26, Concession 9, Being Part 2 on Plan 51R-36216, Oro - Medonte (Catherine Todd) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1.Schedule 'A5', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "West Part of Lot 26, Concession 9, Being Part 2 on Plan 51R-36216, Oro - Medonte (Catherine Todd)" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST AND SECOND TIME THIS 26TH DAY OF AUGUST, 2013. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 105 of 131 9.c) Being a By -law to remove the Holding symbol applying to... Schedule 'A' to By -Law No. 2013 -146 This is Schedule 'A' to By -Law 2013 -146 passed the 26' day of August, 2013. Mayor Clerk H.S. Hughes J. Douglas Irwin SP RINGHOME ROAD Inbstasiastraus SUBJECT PROPERTY (15 SPRINGHOME ROAD) TOWNSHIP OF ORO- MEDONTE Page 106 of 131 9.d) A By -law to Provide for Remuneration and Expenses for M... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -147 A By -law to Provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees /Technical Support Groups, and Expenses for Employees, and to Repeal By -law No. 2013 -137 WHEREAS Section 283 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pay any part of the remuneration and expenses of the Members of Council of the municipality and of the officers and employees of the municipality; AND WHEREAS Council deems it expedient to pass a By -law to provide for the remuneration and expenses of Members of Council and Council's Appointees to Local Boards and Committees /Technical Support Groups and for expenses for employees; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That Schedules "A ", "B" and "C" attached hereto form part of this By -law. 2. That By -law No. 2013 -147 is hereby repealed. 3. This by -law shall take effect on August 14, 2013. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 107 of 131 9.d) A By -law to Provide for Remuneration and Expenses for M... Schedule "A" to By -law No. 2013 -147 REMUNERATION OF COUNCIL MEMBERS 1. The annual remuneration for Members of Council for 2013 shall be: Mayor $ 29,929 Deputy Mayor $ 23,936 Councillors $ 18,662 2. That the annual remuneration for Members of Council shall be subject to an annual escalation factor of the lessor of: • The annual rate of inflation being the increase in the Consumer Price Index (CPI) for the prior year; or • The cost of living adjustment stipulated for the current year in the collective agreement; or • The cost of living adjustment provided to bargaining unit excluded staff for the current year. 3. That pursuant to S.283(7) of the Municipal Act, Council resolved that the one -third of the remuneration paid to elected members of Council shall continue as expenses incident to the discharge of their duties as members of Council for the 2010 -2014 term, as documented in Motion No. CW110119 -7. 4. Members of Council shall receive, in addition to their annual remuneration, per diem payments as follows: • $ 80.00 for each half day or evening meeting • $ 160.00 for each full day meeting 5. The per diem stipulated in Section 4 shall exclude the following: 5.1 Attendance at meetings of Council, as defined in Regular Meeting Schedule of the Procedural By -law; 5.2 Attendance at a function for the purpose of presenting Congratulatory Certificates on behalf of the Township; and 5.3 Attendance at special functions /events where the Township has purchased a ticket for the Member, such as Awards Dinners, etc. 6. The per diem stipulated in Section 4 shall apply to the following: 6.1 Attendance at Special meetings of Council, as defined in the Procedural By -law. 6.2 Attendance at Public Meetings /Public Information Sessions, as defined in the Procedural By -law, when such meetings are conducted as a separate meeting on a designated day; 6.3 Attendance at meetings of local boards, committees /technical support groups or special Ad -Hoc committees to which the Member of Council has been appointed by resolution of Council, unless specified otherwise in a resolution of Council; 6.4 Attendance at conferences, conventions and seminars as authorized by resolution of Council; 6.5 Attendance at special meetings required for a specific purpose relative to municipal business, including interview committees, and authorized by resolution of Council; 6.6 Attendance by the Mayor, or his /her designate, at business functions as representatives of the municipality, including the Mayor in his /her capacity as ex- officio, or his /her designate, in an ex- officio capacity; 6.7 Attendance at non - committee /technical support group meetings where the Members of Council's attendance has been authorized by resolution of Council. Page 108 of 131 9.d) A By -law to Provide for Remuneration and Expenses for M... Schedule "B" to By -law No. 2013 -147 REMUNERATION OF PUBLIC MEMBERS OF LOCAL BOARDS & COMMITTEES /TECHNICAL SUPPORT GROUPS 1. The Public Members of the: • Accessibility Advisory Committee • Heritage Committee • Recreation Technical Support Group shall receive per diem payments as follows: • $ 45.00 for each half day or evening meeting • $ 90.00 for each full day meeting 2. The Public Members of the: • Committee of Adjustment • Compliance Audit Committee shall receive per diem payments as follows: • $ 80.00 for each half day or evening meeting • $ 160.00 for each full day meeting 3. The per diem stipulated in Sections 1 and 2 of this Schedule shall apply to the following: 3.1. Attendance at meetings of the local board or committee /technical support group; 3.2. Attendance at conferences, conventions and seminars as authorized by resolution of Council; 3.3. Attendance at special meetings required for a specific purpose relative to municipal business and authorized by resolution of Council. 4. Committee of Adjustment public members who undertake site visits shall do so on their own accord, without per diem. Committee of Adjustment public members who wish to undertake a site visit must contact the applicant directly to obtain permission to enter the property at a mutually convenient time, pursuant to Motion No. C110202 -13. 5. The above per diems including per - kilometer payments shall be paid on a semi- annual basis, upon submission of a statement approved by the respective Senior Manager. Page 109 of 131 9.d) A By -law to Provide for Remuneration and Expenses for M... Schedule "C" to By -law No. 2013 -147 EXPENSES FOR MEMBERS OF COUNCIL, COUNCIL'S APPOINTEES TO LOCAL BOARDS & COMMITTEES AND EMPLOYEES 1. PER KILOMETER PAYMENTS 1.1 The municipality shall compensate Members of Council, Council's Appointees to Local Boards & Committees/Technical Support Groups and employees at the rate of $.495 per kilometer for the use of non - township owned vehicles. 1.1.1 That the per kilometer rate will be adjusted on July 1st each year to $0.055 below the Canada Revenue Agency (CRA) rate for Ontario for the previous year. 1.2 Members of Council shall receive a per - kilometer payment, in addition to the applicable per diem, for travel from their residence and back to attend meetings, conferences, conventions and seminars stipulated in Section 6 of Schedule "A ", upon submission of mileage statements on a quarterly basis. 1.2.1 Members of Council shall receive a per - kilometer payment for travel from their residence and back to attend meetings stipulated in Section 5.1 of Schedule "A ", upon submission of mileage statements on a quarterly basis. 1.2.2 The Mayor, or his /her designate, and /or the appropriate Ward Councillor shall receive a per - kilometer payment for travel from their residence and back to attend a function for the purpose of presenting Congratulatory Certificates on behalf of the Township stipulated in Section 5.2 of Schedule "A ", upon submission of mileage statements on a quarterly basis. 1.3 Members of local boards & committees /technical support groups shall receive a per - kilometer payment for travel from their residence and back to attend meetings, conferences, conventions and seminars stipulated in Section 3 of Schedule "B ". 1.3.1 Committee of Adjustment public members who undertake site visits, as stipulated in Section 4 of Schedule "B", shall receive a per - kilometer payment for travel from their residence and back. 1.4 Township employees shall receive a per - kilometer payment for each kilometer driven in a non - township owned vehicle while on Township business. 2. LUNCHEON & DINNER MEETINGS 2.1 The municipality shall be responsible for the cost of Council or Committee luncheon /dinner meetings when such meetings are called by Council or the Committee concerned. 2.2 Council members and Senior Staff shall have the discretion to invite visitors for lunch or dinner in connection with Township business and such expense shall be borne by the Township. 3. CONFERENCES, CONVENTIONS, SEMINARS AND MEETINGS 3.1 Attendance at conferences, conventions, seminars and meetings shall be pre - authorized by Council resolution or in accordance with Township policy. 3.2 The following expenses shall be paid: i) Hotel /Motel accommodation - actual cost ii) Parking - actual cost iii) Registration - actual cost iv) Meals and incidental expenses - actual cost to a maximum of $100 /day v) The municipality will provide registration for a double room, when a spouse is attending an approved conference, convention or seminar. Page 110 of 131 9.d) A By -law to Provide for Remuneration and Expenses for M... Schedule "C" to By -law No. 2013 -147 (continued) 4. ADVANCES 4.1 The Treasurer shall have the authority to furnish advances to meet estimated expenses for those authorized to attend conferences, conventions and seminars. 5. EXPENSE STATEMENTS 5.1 Statements for expenses shall be submitted to the Treasurer for actual cost of items in a form recommended by the Treasurer. Page 111 of 131 9.e) A By -law to Name, Assume and Establish Highways Within ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -148 A By -law to Name, Assume and Establish Highways Within the Township of Oro - Medonte (Symond Avenue) WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may pass by -laws with respect to jurisdiction over highways; AND WHEREAS Section 31 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may, by by -law, establish a highway; AND WHEREAS Section 26 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, defines what constitutes a highway; AND WHEREAS Council of the Township of Oro - Medonte deems it necessary to name, assume and establish for use highways within the boundaries of the Township of Oro - Medonte listed on Schedule 'A' attached hereto; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That all highways listed in Schedule 'A' of this by -law are hereby named, assumed and established for use as a public highway; 2. That the attached Schedule 'A' shall form part of this By -law; 3. And That this by -law shall come into force and take effect on its final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 112 of 131 9.e) A By -law to Name, Assume and Establish Highways Within ... Schedule "A" to By -law No. 2013 -148 for The Corporation of the Township of Oro - Medonte Named, Assumed and Established for Use as a Public Highway PIN Description Name 58559 -0391 (LT) Part of Lakeview Avenue, Plan 798 Oro, (Closed By By -law RO1122109), being Part 1, Plan 51R-39019, Township of Oro - Medonte Symond Avenue Page 113 of 131 9.f) A By -law to amend the zoning provisions which apply to ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2013 -149 A By -law to amend the zoning provisions which apply to lands within East Part of Lot 12, Concession 11 (Former Township of Oro), 1400 Line 11 North (J & K Farms Limited, 2013- ZBA -15) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to prohibit the development of residential uses, in accordance with Section C1.3.1 of the Official Plan; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule 'A3' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in East Part of Lot 12, Concession 11 (Former Township of Oro); 1400 Line 11 North, Township of Oro - Medonte, from the Agricultural /Rural (A/RU) Zone to the Agricultural /Rural Exception 235 (A /RU *235) Zone as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further amended by adding the following subsection: "7.235* *235 * — EAST PART OF LOT 12, CONCESSION 11, MUNICIPALLY KNOWN AS 1400 LINE 11 NORTH (FORMER ORO) "Notwithstanding "Table A4 — Permitted Uses ", a single detached dwelling is not permitted on the lands denoted by the symbol *235* on the schedule to this By -law." 3. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 114 of 131 9.f) A By -law to amend the zoning provisions which apply to ... Schedule 'A' to By -law No. 2013 -149 This is Schedule 'A' to By -Law 2013 -149 passed the 26' day of August, 2013. z Z Mayor Clerk arAl ttttttttttttttttttttttttttttttttttttttttttttttttttttt tttttttttttttttttttttttttttttttttttttttttttttttttttt ASSWISSWASISitaittO 193101 %On' LANDS TO BE REZONED FROM AGRICULTURAL/RURAL (A/RU) ONE TO THE AGRICULTURALJRURAL EXCE ION 235 (AIRU 235) ZONE H.S. Hughes J. Douglas Irwin TOWNSHIP OF ORO- MEDONTE (FILE 2013- ZBA -15) Page 115 of 131 9.g) A By -Law to Amend By -law No. 2010 -075, Being a By -law t... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -150 A By -Law to Amend By -law No. 2010 -075, Being a By -law to Regulate Signs and other Advertising Devices. ( "Sign By -law ") WHEREAS the Municipal Act 2001, S.O. 2001, c.25, as amended, Section 11 authorizes a municipality to pass by -laws respecting signs; AND WHEREAS the Municipal Act, 2001 S.O. 2001 c. 25, as amended, Section 99 provides that all costs and charges incurred by a municipality for the removal, care and storage of an advertising device that is erected or displayed in contravention of a By -law of the municipal are in lien on the advertising device, and all costs and charges incurred for disposing of an advertising device may be recovered by the municipality as a debt owned by the owner of the device; AND WHEREAS Part XIV of the Municipal Act, 2001, c.25, as amended, confers broad authority on the municipalities to inspect lands at any reasonable time and to take such necessary enforcement actions as are required to ensure ongoing compliance with a municipality's by -laws; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte did on the 12th day of May 2010, enact By -law 2010 -075, being a By -law to Regulate Signs and other Advertising Devices ( "Sign By- law "); AND WEREAS the Council of the Corporation of the Township of Oro - Medonte does now deem it expedient to amend By -law No. 2010 -075, THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That Section 2.35 of By -law No. 2010 -075 be deleted in its entirety and replaced with: "2.35 Mobile Sign — means a sign that is temporary, is capable of being readily moved from one location to another, not permanently affixed to the ground and is on a supported frame." 2. The by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF AUGUST 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk J. Douglas Irwin Page 116 of 131 9.h) A By -law to amend the zoning provisions which apply to ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2013 -151 A By -law to amend the zoning provisions which apply to lands within Part of West Half of Lots 24 & 25, Concession 7 (Former Township of Oro) 290 Ridge Road West (K. & E. Piotrowski /B. Leigh, 2013- ZBA -16) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to prohibit the development of residential uses, in accordance with Section C1.3.1 of the Official Plan; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule 'A4' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of the West Half of Lots 24 & 25, Concession 7 (Former Township of Oro); 290 Ridge Road West, Township of Oro - Medonte, from the Agricultural /Rural (A/RU) Zone to the Agricultural /Rural Exception 236 (A /RU *236) Zone as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further amended by adding the following subsection: "7.236* *236* — WEST HALF OF LOTS 24 & 25, CONCESSION 7, MUNICIPALLY KNOWN AS 290 RIDGE ROAD WEST (FORMER ORO) "Notwithstanding "Table A4 — Permitted Uses ", a single detached dwelling is not permitted on the lands denoted by the symbol *236* on the schedule to this By -law." 3. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 117 of 131 9.h) A By -law to amend the zoning provisions which apply to ... Schedule 'A' to By -law No. 2013 -151 This is Schedule 'A' to By -Law 2013 -151 passed the 26' day of AUGUST, 2013. 7. avitoWatimf 4110041101110g) AID 101111111.11ii:111LjoH' Fslononstyr °ANDSTO BE REZONED FROM THE AGRICULTURAL/RURAL (A /RU) ZONE TO THE AGRICULTURAL /RURAL EXCEPTION 236 (A /RU *236) ZONE Mayor Clerk H.S. Hughes J. Douglas Irwin TOWNSHIP OF ORO- MEDONTE (FILE 2013- ZBA -16) Page 118 of 131 9.h) A By -law to amend the zoning provisions which apply to ... Explanatory Note to By -law No. 2013 -151 The purpose of the Zoning By -law Amendment is to rezone lands in Part of the West Half of Lots 24 & 25, Concession 7 (Former Township of Oro); 290 Ridge Road West, Township of Oro - Medonte, from an Agricultural /Rural (A /RU) Zone to an Agricultural /Rural Exception 236 (A /RU*236) Zone to prohibit residential uses on farm lands that were retained as a result of the severance of a dwelling surplus to a farm operation. TOWNSHIP OF ORO- MEDONTE (Application: 2013- ZBA -16) Page 119 of 131 9.i) A By -law to amend the zoning provisions which apply to ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2013 -152 A By -law to amend the zoning provisions which apply to lands within West Part of Lot 11, Concession 4 (Former Township of Oro), 1495 Line 3 North (Michael McGill, 2013- ZBA -14) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to prohibit the development of residential uses, in accordance with Section C1.3.1 of the Official Plan; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule 'Al2' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in West Part of Lot 11, Concession 4 (Former Township of Oro); 1495 Line 3 North, Township of Oro - Medonte, from the Agricultural /Rural (A /RU) Zone to the Agricultural /Rural Exception 237 (A /RU *237) Zone and the Agricultural /Rural Exception 238 (A /RU *238) Zone as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further amended by adding the following subsection: "7.237* *237* — PART OF LOT 11, CONCESSION 4, MUNICIPALLY KNOWN AS 1495 LINE 3 NORTH (FORMER ORO) "Notwithstanding "Table A4 — Permitted Uses ", a single detached dwelling is not permitted on the lands denoted by the symbol *237* on the schedule to this By -law." 3. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further amended by adding the following subsection: "7.238* *238* — PART OF LOT 11, CONCESSION 4, MUNICIPALLY KNOWN AS 1495 LINE 3 NORTH (FORMER ORO) "In addition to Table B4 — Standards for the Agricultural /Rural Zone and the Mineral Aggregate Resource Zone ", the following provisions apply: a) Minimum lot size for hobby farm b) Minimum setback from rear lot line to existing agricultural building 1.0 hectare 12.5 metres" 4. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 120 of 131 9.i) A By -law to amend the zoning provisions which apply to ... This is Schedule 'A' to By -Law 2013 -152 passed the 26' day of August, 2013. DS TO BE REZONED FROM AN AGRICULTURAL/RU RAL (AIRU) ZONE N AGRICULTURAL/RURAL EXCEPTION 237 (AIRU *237) ZONE EZONED FROM AN AGRICULTURAL/RURAL (AIRU) ZONE TURAL /RURAL EXCEPTION 238 (AIRU *238) ZONE TOWNSHIP OF ORO- MEDONTE (FILE 2013- ZBA -14) Page 121 of 131 9.i) A By -law to amend the zoning provisions which apply to ... Explanatory Note to By -law No. 2013 -152 The purpose of the Zoning By -law Amendment is to rezone lands in the West Part of Lot 11, Concession 4 (Former Township of Oro); 1495 Line 3 North, Township of Oro - Medonte, from an Agricultural /Rural (A /RU) Zone to an Agricultural /Rural Exception 237 (A /RU*237) Zone and an Agricultural /Rural Exception 238 (A /RU*238) Zone to: 1. prohibit residential uses on farm lands that were retained as a result of the severance of a dwelling surplus to a farm operation; and 2. Establish the following site - specific provisions: a) Minimum lot area for a hobby farm: 1.0 hectare; and b) Minimum interior side yard setback for an agricultural building: 12.5 metres. TOWNSHIP OF ORO- MEDONTE (Application: 2013- ZBA -14) Page 122 of 131 9.j) A By -law to amend the zoning provisions which apply to ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NUMBER 2013 -153 A By -law to amend the zoning provisions which apply to lands within Part of Lot 1, Concession 14 (Former Township of Medonte), Township of Oro - Medonte, 9110 Highway 12 West (Ravi Uppal, 2013- ZBA -04) WHEREAS the Council of The Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands for residential uses, in accordance with Sections C.14.3.4 and C.14.3.6 of the Official Plan; NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That Schedule "A18" to By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part Lot 1, Concession 14 (Former Township of Medonte), Township of Oro - Medonte, and identified on Schedule 'A' attached to and forming part of this By -law, from Residential One (R1) Zone to General Commercial (GC) Zone. 2. That this By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME THIS 26T" DAY OF AUGUST, 2013. Mayor, H. S. Hughes Clerk, J. Douglas Irwin Page 123 of 131 9.j) A By -law to amend the zoning provisions which apply to ... Schedule 'A' to By -law No. 2013 -153 This is Schedule 'A' to By -Law 2013 -153 passed the 26' day of August, 2013. Mayor Clerk NORSESH OE VALLEY ROAD E gtali Subject Property (9110 Highway 12 West) Lands to be rezoned from Residential One (R1) Zone to General Commercial (GC) Zone H.S. Hughes J. Douglas Irwin TOWNSHIP OF ORO- MEDONTE (FILE 2013- ZBA -14) Page 124 of 131 9.j) A By -law to amend the zoning provisions which apply to ... Explanatory Note to By -law No. 2013 -153 The purpose of the Zoning By -law Amendment is to rezone lands in Part of Lot 3 and Part of Lot 1, Concession 14, Former Township of Medonte, now the Township of Oro - Medonte 9110 Highway 12 West, from a Residential One (R1) Zone to a General Commercial (GC) Zone to recognize the existing commercial use of the lands. TOWNSHIP OF ORO- MEDONTE (Application: 2013- ZBA -04 ) Page 125 of 131 9.k) A By -law to amend the zoning provisions which apply to ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NUMBER 2013 -154 A By -law to amend the zoning provisions which apply to lands within Part of the South Half of Lot 3 and Part of Lot 4, Concession 4 (Former Township of Oro), Township of Oro - Medonte, and to repeal By -law Number 2013 -134 WHEREAS the Council of The Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 and Section 36 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands for residential uses, in accordance with Sections C.14.3.4 and C.14.3.6 of the Official Plan; NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule "A15" to By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of the South Half of Lot 3 and Part of Lot 4, Concession 4 (Former Township of Oro), Township of Oro - Medonte, and identified on Schedule 'A' attached to and forming part of this By -law, as follows: Part 1:From Residential One Exception One - hundred Forty (R1 *140) Zone and Residential One Exception One - hundred Forty (R1 *140) Zone (H) to Residential One Exception Two Hundred Thirty Two (R1 *232) Zone (H); Part 2: From Residential One Exception One - hundred Forty (R1 *140) Zone and Residential One Exception One - hundred Forty (R1 *140) Zone (H) to Residential One Exception Two Hundred Thirty Three (R1 *233) Zone (H); and Part 3: From Residential One Exception One - hundred Forty (R1 *140) Zone and Residential One Exception One - hundred Forty (R1 *140) Zone (H) to Residential Two Exception Two Hundred Thirty Four (R2 *234) Zone (H). 2. Section 7 — Exceptions of Zoning By -law 97 -95, as amended, is hereby further amended by adding the following subsections: "7.232 *232* - PART OF THE SOUTH HALF OF LOT 3 AND PART OF LOT 4, CONCESSION 4 (FORMER ORO), HORSHEO VALLEY LANDS LTD." "Notwithstanding Table Al — Residential Zones Permitted Uses, on the lands denoted by the symbol *232* on the Schedule A15 to this By -law, the following uses are permitted: a) Single Detached Dwellings; b) Home Occupations; c) Private Home Daycares; and d) Residential Care Homes. Notwithstanding Table B1 — Standards for Permitted Uses, on the lands denoted by the symbol *232* on the Schedule Al 5 to this By -law, the following provisions shall apply: a) Minimum Lot area 575 mz b) Minimum Lot Frontage of 19.25 m Page 126 of 131 9.k) A By -law to amend the zoning provisions which apply to ... c) Minimum Front Yard: i) to dwelling ii) to garage b) Minimum Rear Yard: i) to dwelling ii) to deck on golf course lot iii) to deck not on a golf course lot d) Minimum Exterior Side Yard: i) to dwelling ii) to garage e) Minimum Interior Side Yard f) Maximum Building Height g) Maximum Building Coverage 4.5 m 6.0 m 7.5 m 4.5 m 5.5m 3.0 m 6.0 m 1.2 m 11.0 m 50 % Notwithstanding Section 5.9.1 of Zoning By -law 97 -95, unenclosed porches and balconies may encroach into the exterior side yard a distance of no more than 1.5 metres on lands zoned R1 *232." "7.233 *233* - PART OF THE SOUTH HALF OF LOT 3 AND PART OF LOT 4, CONCESSION 4 (FORMER ORO), HORSHEO VALLEY LANDS LTD." "Notwithstanding Table Al — Residential Zones Permitted Uses, on the lands denoted by the symbol *233* on the Schedule A15 to this By -law, the following uses are permitted: a) Single Detached Dwellings; b) Home Occupations; c) Private Home Daycares; and d) Residential Care Homes. Notwithstanding Table B1 — Standards for Permitted Uses, on the lands denoted by the symbol *233* on the Schedule A15 to this By -law, the following provisions shall apply: a) Minimum Lot area b) Minimum Lot Frontage of c) Minimum Front Yard: i) to dwelling ii) to garage b) Minimum Rear Yard: i) to dwelling ii) to deck on golf course lot iii) to deck not on a golf course lot e) Minimum Exterior Side Yard: i) to dwelling ii) to garage f) Minimum Interior Side Yard g) Maximum Building Height h) Maximum Building Coverage 750 m2 25 m 4.5 m 6.0 m 7.5 m 4.5 m 5.5m 3.0 m 6.0 m 1.5 m 11.0 m 50 % Notwithstanding Section 5.9.1 of Zoning By -law 97 -95, unenclosed porches and balconies may encroach into the exterior side yard a distance of no more than 1.5 metres on lands zoned R1 *233." Page 127 of 131 9.k) A By -law to amend the zoning provisions which apply to ... "7.234 *234* - PART OF THE SOUTH HALF OF LOT 3 AND PART OF LOT 4, CONCESSION 4 (FORMER ORO), HORSHEO VALLEY LANDS LTD." "Notwithstanding Table Al — Residential Zones Permitted Uses, on the lands denoted by the symbol *234* on the Schedule A15 to this By -law, the following uses are permitted: a) Townhouse Dwellings; b) Home Occupations; c) Private Home Daycares; and d) Residential Care Homes. Notwithstanding Table B1 — Standards for Permitted Uses, on the lands denoted by the symbol *233* on the Schedule Al 5 to this By -law, the following provisions shall apply: a) Minimum Lot area b) Minimum Lot Frontage of c) Minimum Front Yard: i) to dwelling ii) to garage d) Minimum Rear Yard: i) to dwelling ii) to deck on golf course lot iii) to deck not on a golf course lot e) Minimum Exterior Side Yard: i) to dwelling ii) to garage f) Minimum Interior Side Yard: i) interior unit ii) end unit g) Maximum Building Height h) Maximum Building Coverage (including deck) 350 m2 per unit 10.15 m per unit 4.5 m 6.0 m 7.5 m 4.5 m 5.5m 3.0 m 6.0 m Om 1.5 m 11.0 m 50 % Notwithstanding Section 5.9.1 of Zoning By -law 97 -95, unenclosed porches and balconies may encroach into the exterior side yard a distance of no more than 1.5 metres on lands zoned R2 *234." 3. That all other provisions of the Zoning By -law 97 -95, as amended, shall apply. 4. That By -law Number 2013 -134 is hereby repealed in its entirety. 5. That this By -law shall only come into effect following the date of passage hereof and upon the approval of Amendment Number 35 to the Township of Oro - Medonte Official Plan, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME THIS 26TH DAY OF AUGUST, 2013. Mayor, H. S. Hughes Clerk, J. Douglas Irwin Page 128 of 131 9.k) A By -law to amend the zoning provisions which apply to ... Schedule `A' to By -law No. 2013 -154 This is Schedule 'A' to By -law 2013 -154 Passed this 26TH day of August, 2013. f• PION s lett Part 1: Lands to be rezoned to Residential One Exception Two Hundred Thirty Two (R1 *232) (H) Zone Part 2: Lands to be rezoned Residential One Exception Two Hundred Thirty Three (R1 *233) (H) Zone Part 3: Lands to be rezoned Residential Two Exception Two Hundred Thirty Four (R2 *234) (H) Zone Mayor, H. S. Hughes Clerk, J. Douglas Irwin Explanatory Note to By -law No. 2013 -154 The purpose of the Zoning By -law Amendment is to rezone approximately 10.206 hectares (25.22 acres) of land in Part of South Half of Lot 3 and Part of Lot 4, Page 129 of 131 9.k) A By -law to amend the zoning provisions which apply to ... Concession 4, Former Township of Oro, now the Township of Oro - Medonte from Residential One Exception One - hundred Forty (R1 "140) Zone to two separate Residential One Exception Zones (R1 "232 & R1 "233) to permit single family residential lots with varying frontages and areas, and to a Residential Two Exception (R2 "234) Zone to permit freehold townhouse units. The lands are zoned with a Holding (H) provision that is not to be removed until such time as all development related matters, including servicing, the execution of a Subdivision Agreement and the issuance of a Certificate of Substantial Completion have been addressed to the satisfaction of the Township of Oro - Medonte. TOWNSHIP OF ORO- MEDONTE (Application: 2012-ZBA-09) Page 130 of 131 12.a) Being a By -Law to Confirm the Proceedings of the Speci... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -142 Being a By -Law to Confirm the Proceedings of the Special Council Meeting held on Monday, August 26, 2013 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Special Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Council at its Special Council Meeting held on Monday, August 26, 2013, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. 3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF AUGUST, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 131 of 131